Lid 




TEXAS SCHOOL LAWS 



B P-t 



A BRIEF COMPILATION FOR TEACHERS OF LAWS RELAT- 
ING TO TEACHERS AND PUPILSJ 



ANNIE WEBB BLANTON 

State Superintendent oi Public Instruction 




BULLETIN 122 



JUNE, 1920 



THE DEPARTMENT OF EDUCATION 
STATE OF TEXAS 



!W Onor««o tjj-^ 



TEXAS SCHOOL LAWS 



A BRIEFI COMPILATION FOR TEACHERS OF LAWS RELAT 
ING TO TEACHERS AND PUPILS 



ANNIE WEBB BLANTON 

State Superintendent of Public Instruction 







-^^WCfiOOW^ 



BULLETIN 122 



JUNE. 1920 



THE DEPARTMENT OF EDUCATION 
■^^^ STATE OF TEXAS 



AlS22-720-40M-Ii-O2S8 



THE STATE DEPARTMENT OF EDUCATION 






Annie Webb Blanton, State Superiniendent of Public Instruction 

DIVISION OP ADMINISTRATION 

E. L. DoHONEY, First Assistant Superintendent 
Emma Mitchell, Second Assistant' Superintendent 
Katherine Gray, Third Assistant Superintendent 

division of high school supervision 

S. M. N. Marrs, Chief Supervisor 

Petton Irving, Jr.; Hallie Jameson, W. B. Mikesell, Mary Jo Popplewell, 

Mrs. R. L. Ragsdale, Charles M. Rogers, Anita Whatley 

division of rural schools 

L. D. Borden, Chief Supervisor 

W. H. Bow.man, W. E. James (SecretaryT, Mrs. Ella f. Little, 

Elfleda Littlejohn, S. E. Clark, Carrie Bell SteUrett, 

Hattie Triplett, Geokgia Walker 

division op negro schools 

L. W. Rogers 

division op vocational education 

J. D. Blackw^ell, Di/rector of Agriculture 

C. L. Davis, Assistant Director of A.gricultiire 

J. H. Hinds, Assistant Director of Agriculture 

Jessie Harris, Director of Home Economics 

Lillian Peek, Assistant Director of Borne Economics 

N. S. HuNSDON, Director of Industrial Education 

Lizzie M. Barbour, Assistant Director of Industrial Education 

division of statistics 

Mrs. J. B. Gay, Statistician 
John Gay White, Assistant 

division of audits and accounts 

O. P. Basford, Auditor 
Amy V. Allen. Assistant 

division of certification of teachers 

Selby Attwell, Certificate Clerk 
Lida PiTTJfAN, Assistant 

division of text book administration 

Minnie Lee Barrett, Director 

E. L. Byrns, Mrs. R. L. Pillow, H. W. Sauer, A. S. Thweatt, 

Randolph Warren 

DIVISION of correspondence AND SUPPLIES 

Alma Boothe. Correspondence Clerk 

Katie Belger, Anne McDonald, Adeline ISTilrs, Marguerite Quinn, Kittie 

M. Shands, Roy all Calder, Vernon Stohl, Irene Tannehill, 

Annie Laurie Steussey, i\Iary Kercheville, 

Stenographers 

state board of education 

W. P. Hobby, Governor, Chairman 

C. D. Mims, Secretary of State 

M. L. Wiginton, Comptroller 

Annie Webb Blanton, ^yite-^ttpcrintoident and Secretary 



NOV 29 fjij?'^ 



•^ 



^ 



^ 



STATE INSTITUTIONS OF LEARNING 



UNIVERSITY OF TEXAS 

Austin, Texas 

R. E. Vinson, President E. J. Mathews, Registrar 

AGRICULTURAL AND MECHANICAL COLLEGE 

College Station, Texas 

W. B. BizZELL, President Chas E. Friley, Registrar 

COLLEGE OF INDUSTRIAL ARTS 

Denton, Texas '■ 

F. M. Bkalley, President Walker King, Registrar 

SAM HOUSTON NORMAL INSTITUTE 
Huntsville, Texas 
H. F. Estill, President H. L. Pritchett, Secreta/ry 

NORTH TEXAS STATE NORMAL COLLEGE 
Denton, Texas 
W. H. Bruce, President A. C. McGinnis, Registrar 

SOUTHWEST TEXAS STATE NORMAL COLLEGE 
San Marcos, Texas 
C. E. Evans, President C. E. Ferguson, Registrar 

WEST TEXAS STATE NORMAL COLLEGE 
Canyon, Texas 
J. A. Hill, President Travis Shaw, Secretary 

EAST TEXAS STATE NORMAL COLLEGE 
Commerce, Texas 
R. B. BiNNlON, President L. I. Smith, Secretary 

SUL ROSS NORMAL 
Alpine, Texas 
Thomas F. Fletcher, President Viola Baker, Registrar 

GRUBBS VOCATIONAL COLLEGE 
Arlington, Texas 
W. B. Bizzell, President M. L. Williams, Dean 

JOHN TARLETON AGRICULTURAL COLLEGE 
Stephenville, Texas 
W. B. Bizzell, President J. Thomas Davis, Dean 

STATE SCHOOL FOR THE BLIND 
Austin, Texas 
E. E. Bbamlette, Superintendent and Secretary 

'TEXAS SCHOOL FOR THE DEAF ; 

Austin, Texas 

Dr. F. B. Shuford, Superintendent T. V. Archer, Registrar 

STATE ORPHANS' HOME 

Corsicana, Texas 

W. F. Barnett, Superintendent Aaron Ferguson, Secretary 

TEXAS STATE TRAINING SCHOOL FOR GIRLS 

Gainesville, Texas 

Dr. Carrie Weaver Smith, Superintendent 

STATE JUVENILE TRAINING SCHOOL 

Gatesville, Texas 

Charles E. King, Superintendent John E. McDonald, Accountant 

STATE SCHOOL FOR FEEBLE-MINDED 

Austin, Texas 

Dr. J. W. Bradfield, Superintendent 

PRAIRIE VIEW STATE NORMAL AND INDUSTRIAL COLLEGE 

(For Colored Youth) 

Prairie View, Texas 

J. G. Osborne, President 

DEAF, DUMB AND BLIND INSTITUTE FOR COLORED YOUTHS 

Austin, Texas 
R. E. L. Holland, Superintendent 



TEXAS SCHOOL LAWS 



BRIEF COMPILATION FOR TEACHERS OF LAWS RELATING TO 
TEACHERS AND PUPILS 



STATISTICS AND EEGISTEATION. 

Sectiox 1. The State Superintendent of Public Instruction shall re- 
quire of judges acting as ex-officio county superintendents of public 
schools, of count}^. city and town superintendents, of county and city 
treasurers and depositories, and of treasurers and depositories of school 
boards, and of othev school officers and teachers, such school reports re- 
lating to the school fund and to other school affairs as he may deem 
proper for collecting information and advancing the interests of the 
public schools, and shall furnish the county, city and town superintend- 
ents, treasurers, and depositories and other school officers and teachers 
for. the" use of such teachers and officers the necessary blanks and forms 
for making such reports and carrying out such instructions as may be 
required by them. All teachers, librarians, school presidents, superin- 
tendents, principals, or other school officers employed by all schools sup- 
ported wholly or partly by the State, shall fill out and send to the State 
Department of Education, before the expiration of the first school month 
of each annual session a registration card, supplied by the State Depart- 
ment of Education, which card shall furnish blanks for useful statistical 
information, and said teachers, librarians, school presidents, superintend- 
ents, and principals shall not be paid the salary for the first month's 
service, except on the presentation of a receipt certifying that the said 
registration card has been received by the State Department of Educa- 
tion; proxided also that any teacher, librarian, school president, super- 
intendent, principal or other =:chool officer employed in any school sup- 
ported wholly or partly by the State of Texas, on changing his position 
from one school to another at any time during the school session, shall 
not be entitled to receive the first month's salary in any new position 
except on presenting a receipt from the State Department of Education 
certifying that he has filed with the State Department of Education an- 
other registration card givilig information as to the said change of posi- 
tion. The monthly salary of any county judge acting as ex-officio county 
superintendent of public schools of any county, district, city, or town 
superintendent, or principal, or any teacher, or librarian, in any school 
supported wholly or partlv by the State of Texas, or any assessor, county 
treasurer, treasurer in county school depository or treasurer of any school 
district depository, shall be withheld by the officials or authorities paying 
the said salary, on notification by the State Superintendent of Public 
Instruction that said county judge, acting as ex-officio county superin- 
tendent of public schools, county, district, city, or town superintendent, 
or principal, teacher, libr.arian> assessor, county treasurer, treasurer of 
county school depository or treasurer of school district depository has 
refused or failed to make the reports required of him ; pro\'ided that this 
notification shall not be sent by the State Superintendent until at least 



6 State Department of Education. 

two written requests have been made for the desired information and 
until thirty da5's have elapsed from the time of the first request without 
the receipt of the information required; in such case the aforesaid 
monthly salary shall be withheld until a notice is received from the 
State Superintendent^ certifying that the information requested has been 
furnished by the delinquent person. 

An employe of the State or of any district, county, city^ town, or 
school, who may be responsible for the payment of the salary of any 
county judge acting as ex-officio county superintendent of public schools 
of any county, district, or town superintendent or principal, or other 
school officer, or any teacher, librarian, assessor, county treasurer, treas- 
urer of county school depository, or treasurer of school district depository, 
after notice by the State Superintendent that the said person has failed 
to comply with the provisions of this act, shall be deemed guilty of a 
misdemeanor and shall on conviction be fined in any sum not less thao 
$50 nor more than $500, and the State Superintendent of Public In- 
struciion may withhold Avarrants for further payment of State appor- 
tionments until the aforesaid officials have made satisfactory reports as 
herein provided. [Acts of 36th Leg., 2nd Called Session, Chap. 71.] 

Note that, at the opening of the term, these cards may be sent in by the 
superintendent or principal, and that, in this case, one receipt for all cards 
sent will be given, this including the names of all registrants whose cards are 
sent. Both teachers and school officers are requested to note the provision in 
regard to change of position during the term. 

TEACHEES' EELATIONS TO COUNTY SUPERINTENDENT — TEACHERS' DUTIES 
AS TO COUNTY INSTITUTES AND SUMMER NORMALS. 

Sec. 3. The county superintendent of public iustiuction shall have, 
under the direction of the State Superintendent of Public Instruction, 
the immediate supervision of all matters pertaining to public education 
in his county. He shall confer with the teachers and trustees and give 
them advice when needed, visit and examine schools, and deliver lec- 
tures that shall tend to create an interest in public education. He shall 
spend as much as four days in each week visiting the schools while they 
are in session, when it is possible for him to do so. He shall have au- 
thority over all the public schools within his county, except such of the 
independent school districts as have a scholastic population of five hun- 
dred or more. In such independent school districts as have less than 
five hundred scholastic population the reports of the principals and 
treasurers to the State Department of Education shall be approved by 
the county superintendent before they are forwarded to the State Super- 
intendent, and all appeals m such independent school districts shall lie 
to the county superintendent and county board of education, and from 
the decisions of the county superintendent and county board of educa- 
tion to the State Superintendent of Public Instruction and to the State 
Board of Education. [Art. 2752, E. S., 1911.] 

Note.— In the case of Webb County v. Laredo (65 S. VV., 878, 95 Texas, 131), 
the Supreme Court of the State, after quoting Section 1 of Article 7 of the 
Constitution, says: 

"This devolves the duty of establishing and maintaining public free schools 
upon the Legislature, and shows that the function of such establishment and 
maintenance was to be performed by State agencies . . . Thotigh, in a sense, 
a county officer, and though called 'county superintendent,' he is, in fact, the 



Laws Eelating to Teachees and Pupils. 7 

officer and agent of tlie State — the State having assumed the functions of 
maintaining public free schools for the education of the children throughout its 
domain, the counties being recognized with reference to that business merely as 
convenient subdivisions of territory, and some of their officers as proper agents 
for the administration of affairs relating to the public free schools." 

Note. — The certificate of all teachers in the county must be registered in 
the county superintendent's office. See Section 107. 

The county superintendent is required to approve the contracts with teachers 
and all vouchers drawn against the school funds in independent districts having 
each fewer than 150 scholastics. See Section 51. 

Sec. 3. Shall Conduct County Teachers' Institute.—"^ * * ' The 
county superintendent shall organize and hold, with such assistance 
as may be necessary, within the first four months of the scholastic year, 
one institute of five consecutive days for white and for colored teachers, 
respectively, and he shall require the , attendance of white teachers upon 
the institute lor white teachers and the attendance of colored teachers 
upon the institute for colored teachers; provided, that a failure [of the 
county superintendent] to comply with these requirements shall be 
sufficient cause for his removal from office ; provided further, that the 
county superintendent of public instruction shall be authorized to cancel 
the certificate of any teacher who wilfully and persistently absents him- 
self from attendance upon the county teachers^ institute; provided, that 
the board of school trustees in any independent school district having 
five hundred or more scholastic population may authorize the super- 
intendent or principal to organize and hold institutes for the teachers 
of such district, in lieu of the county institute; provided, that the plan, 
scope and quality of the work of the said citv institute shall be approved 
by the State Superintendent of Public Instruction. [Art. 2753, E. S., 
1911.] 

Sec. 3a. Shall Attend Summer Normals and County Institutes. — 
It shall be the duty of all teachers in the public schools of this State 
to attend the summer normal and county institutes as far as possible. 
[Art. 2785, E. S., 1911.] 

Note. — See Section 3 for penalty for neglecting to attend institutes. 

Sec. 3b. Shall Keep Record of Attendance and Certify to Same. — 
It shall be the duty of the county superintendent of public instruction, 
or the county Judge when acting as such, to keep a correct account of 
the attendance of the teachers who attend the institutes, and also an 
account of the teachers who attend the summer normals held in the 
county of which he is such county superintendent of public instruction, 
or county judge, when acting as such, and to certify the attendance of 
the holder of such certificates on said certificates. The conductor of 
each summer normal school in this State shall report to the county 
superintendent or ex-officio county superintendent of the county where- 
in said normal is held, a correct record of the daily attendance of teach- 
ers on said normal, and shall certify to the faithful performance of the 
duties of said teachers while in attendance on said normals; provided, 
that teachers who attend the county teachers' institutes shall receive 
full pay as provided under their contract, for each day they are absent 
from the schools they have contracted to teach, and are in actual attend- 
ance at the sessions of said institutes. [Art. 2754, E. S., 1911.] 



8 State Department of Education. 

Note. — In view of the above sections the State Superintendent rules that the 
week of the county institute constitutes a portion of the school term covered by 
the teacher's contract. The teacher's report and voucher for the school month 
during which institute attendance occurred should be interlined to show three 
weeks' teaching. and one week's attendance at institute. A teacher who, prior to 
the date of the institute, has been employed to teach in the county, is entitled 
to pay for attending the institute, whether the school has begun or not. The 
county superintendent must keep a record of the attendance of each teacher 
upon the county teachers' institute and summer normal held in his county. 

A teacher must attend the institute of the county in which his school is 
located. In case the teacher has attended county institute before making a 
contract, this attendance should be accepted by the school by which the teacher 
is subsequently employed, and this school should pay the teacher's salary for 
the time spent at the county institute, as this school reaps the benefit of 
such attendance. The law does not specifically vest anyone with the power to 
excuse teachers from attendance at county institute. The State Superin- 
tendent, therefore, rules that, where such power is needed, it belongs to the 
county superintendent, as the ofiicer directly in charge of the county institute. 
Such excuses should be granted only in case of extremely serious conditions pre- 
venting attendance. 

Where there are fewer than 24 teachers, either white or colored, in a county, 
arrangement for such teachers to attend a joint institute held in a convenient 
county will be accepted as a substantial compliance with the provisions of this 
section. In such cases a correct record of the attendance and work of each 
teacher should be kept and reported to the county superintendent of the county 
in which the teacher's school is located. 

Joint county institutes may be arranged through agreement of the county 
superintendents of the several counties holding such joint institute. In case of 
joint county institutes, care should be taken as to the following: (1) Not 
to include so many counties as to have a body of teachers unwieldy for serious 
work; (2) to arrange a definite program of study which will afford op- 
portunity for all teachers to take part in discussions (attendance at lectures 
is beneficial, but the part of the teacher at the county institute should not 
be limited to that of mere audience), (3) to arrange for some time each day 
when each county superintendent may hold conference with the teachers of 
his county; (4) to hold the institute where special rates for room and board 
may be secured for teachers, in order to spare them excessive expense. 

Copies of all county institute programs should be forwarded to the State 
Department of Education. 

If a city of above 500 scholastics elects to hold institutes for its teachers, 
separate from the county institute, it is necessary that outline of the work, 
giving programs in detail, be submitted to the State Superintendent for approval 
before the work is done. 

The record of the attendance and quality of work of teachers at the city 
institute should be reported to the school board. 

LAWS SAFEGTJAEDING EIGHTS OE TEACHEES, PATEONS, AND SCHOOL 

OFEICEES. 

APPEAL CASES. 

Sec. 4. General Duties. — The Superintendent of Public Instruction 
shall be charged with the administration of the school laws and a gen- 
eral superintendency of the business relating to the public schools of 
the State. He shall hear and determine all appeals from the rulings 
and decisions, of subordinate school officers, and all such officers and 
teachers shall conform to his decisions unless they are reversed by the 
State Board of Education. He shall prescribe suitable forms for re- 
ports required of subordinate school officers and teachers, and blanks for 
their guidance in transacting their official business and conducting 
public schools, and shall from time to time prepare and transmit to them 



Laws Eelating to Teachees and Pupils. 9" 

such instructions as he may deem necessary for the faithful and efficient 
execution of the school laws, and by whatsoever is so communicated to 
them shall they be bound to govern themselves in the discharge of their 
official duties. [Art. 4510, R. S., 1911.] 

Note. — Under the decision of the Supreme Court of Texas (Harkness v. 
Hutcherson, 90 Texas, 383; 38 S. W., 1120; Nance v. Johnson, 84 Texas, 401, 
19 S. W., 559) controversies in regard to school matters must be appealed 
to the State Superintendent and to the State Board of Education before they 
can be taken to the courts. See, also, Cochran v. Patillo, 41 S. W., 537, and 
Plummer v. Gholson, 44 S. W., 1. See Caswell v. Fundenberger, 105 S. W., 1017. 

Parties to appeals may enforce the decisions of the State Superintendent 
by mandamus. See Pearsall v. Woolls, 50 S. W., 959; Harkness v. Hutcherson, 
supra; Watkins v. Huff, 63 S. W., 922. Injunction is admissible pending appeal 
to school authorities. See McCallum v. Adams, 110 S. W., 526. 

The Supreme Court has held that appeals must be taken within a reasonable 
time. (Harkness v. Hutcherson, supra; Watkins v. Huff, supra.) 

The State Siiperintendent of Public Instruction has no jurisdiction over any 
question directly involving the tenure of oiSce of a trustee of a school district. 
(Kimbrough v. Barnett, 93 Texas, 301.) 

A person having any grievance concerning a public school should first apply 
to the teacher or principal of the school. If the action or decision of the 
principal is not satisfactory, the matter may be brought before the board of 
trustees. If the trustees refuse to act or their action is unsatisfactory, an 
appeal may be taken to the 'county superintendent and . the county board of 
education. If either party should be dissatisfied, an appeal may be taken to- 
the State Superintendent. From the State Superintendent's decision appeal lies, 
to the State Board of Education. Instructions given on an appeal, or certified 
question, accompanied by agreed statement of facts, asking for advice from the 
State Superintendent, shall be binding upon all parties under Section 5. 

In cases appealed to the State Superintendent an agreed statement of facta, 
should be submitted, together with the decisions of the county superintendent 
and county board of education. In cases where contending parties cannot agree 
concerning the facts, the testimony submitted in the trial before the county 
superintendent and county board of education should be forwarded with the 
findings of the county superintendent and the county board of education. The 
county superintendent should fasten all papers together and attach his statement 
that all matter contained was before him and the county board of education in 
the trial of the case. 

In case where a party appeals from the decisions of the county superintendent 
and county board of education in their application of a law or a principle to a. 
given set of circumstances or facts wherein there are no opposing parties, the 
county superintendent and county board and the party appealing shall agree 
to the facts in the case, and the county superintendent shall forward same, 
together with rulings thereon, to the State Department of Education. 

A party interested in an appealed case may appear, in person, by representative 
or by written argument, before the State Superintendent to make presenta- 
tion of his case. Appeals from boards of trustees in independent districts of 
500 scholastic population or more do not lie to the county superintendent 
or county board of education, but to the State Superintendent, The procedure 
is substantially that indicated in reference to appeals from the decisions of 
the county superintendent. 

Sec. 5. Instructions Binding. — The State Superintendent shall ad- 
vise and counsel with the school officers of the counties, cities and towns- 
and school districts as to the best method of conducting the public 
schools, and shall be empowered to issue instructions and regulations,, 
binding for observance on all officers and teachers, in all cases wherein 
the provisions of the school law may require interpretation in order to-, 
carry out the design expressed therein; also in cases that may arise in 
which the law has m.ade no provision, and where necessity requires some 



10 State Depaetment of Education. 

rule in order that there may be no hardships to individuals, and no 
delaj's or inconvenience in the management of school affairs. [Art. 
4511, R. S., 1911.] 

Sec. 6. Shall Hear Appeals. — All appeals from the decisions of the 
county superintendent of public instruction shall lie to the county school 
tiTistees and from the said county trustees to the State Superintendent 
of Public Instruction, and thence to the State Board of Education. 
[Acts 34th Leg., Chap. 36, Sec. 10.] 

In order to expedite matters in presenting appeals to the State Superin- 
tendent of Public Instruction, the following outline is respectfully submitted 
for the preparation of the transcript of the record in all appeal cases originating 
in common school districts or in independent districts having fewer than 500 
scholastics and presented to the State Superintendent of Public Instruction. 
In this connection it should be remembered that the line of appeal is prescribed 
by law. The transcript of the record must contain: 

1. Certified copy of the decision of the local board of school trustees. 

2. Certified copy of petition of appellant addressed to the county superin- 
tendent of public instruction. 

3. Certified copy of the answer of appellee to petition of appellant addressed 
to the county superintendent of public instruction. 

4. Certified copy of all evidence submitted by both sides to the case at bar 
before the county superintendent. 

5. Certified copy of the decision of the county superintendent. 

6. Certified copy of decision of the board of county school trustees. In this 
connection, it should be remembered that the board of county school trustees 
has a right to reopen the entire case and to hear original evidence in case the 
board decides it is wise to do so; and if new evidence is offered before the county 
board of education, certified copy of all such evidence must be included in 
transcript of the record for the State Superintendent. 

7. Such briefs or arguments in typewriting as either or both sides to the case 
at bar see fit to submit. 

8. In case of the dismissal of a teacher as provided by law by the local 
board of trustees, the transcript must contain; 

(a) Certified copy of the dismissal of the teacher by the board of trustees. 

(b) Certified copy of charges upon which the dismissal is based. 

FBOM INDEPENDENT DISTRICTS. 

In preparation of transcript of the record of an appeal case originating in 
an independent school district having more than 500 scholastics the following 
outline of the preparation of the record is in accordance with the law and should 
be followed in all cases. The record in such cases should contain: 

1. Certified copies in typewritten form of all original proceedings had before 
the local board of trustees including: 

(a) Certified copy of the charges or petition of the plaintiff. 

(b) Certified copy of answer of defendant. 

(c) Certified copy of all evidence presented by either or both sides to the 
case at bar. 

(d) Certified copy of the decision of the local board of school trustees. 

2. Such typewritten briefs or arguments as either or both sides to the case 
at bar see fit to submit to the State Superintendent of Public Instruction. 

3. In case of the dismissal of a teacher as provided by law by the board 
of trustees, the record must contain: 

( a ) Certified copy of the dismissal given the teacher by the board of trustees. 

(b) Certified copy of the charges upon which the dismissal is based. 
After proper transcript of the record in an appeal case has arrived at the 

State Department of Education, the State Superintendent of Public Instruction 
will give the matter his immediate and careful attention. 



Laws Eelating to Teacheks and Pupils. 11 

teachers' conteacts, vouchees and salaries. 

Sec. 7. Shall Have - Management and Control of Schools. — The 
trustees of school districts shall have the management and control of 
the public schools; they shall have the power to employ and dismiss 
teachers, but in cases of dismissal, teachers shall have the right of 
appeal to the county and State superintendents. [Acts of 29th Leg., 
Chap. 124, Sec. 70.] 

Note. — The anti-nepotism law of the Thirty-first Legislature prohibits the 
employment of a teacher who is related by affinity within the second degree or 
consanguinity within the third degree to any member of the board of school 
trustees. 

Note. — Contracts between teachers and trustees should show specifically and 
definitely the monthly salary to be paid each teacher and the number of months 
the school oT schools will be taught. See Section 9. The trustees and the 
teachers should know the amount of money available for the school year covered 
by the contract. If there should be a mistake in the estimation of the amount of 
funds available for the year the school or schools must be closed when the funds 
are exhausted, and the trustees would not be liable for the teachers' salaries 
under the contracts beyond the time or term which the money actually available 
would run the school or schools; but if the trustees should expend the money 
for school supplies or for anything else, using so much of their available fund 
as to leave an insufficient amount to comply with their part of the contracts, 
they might be held personally liable. See Watkins v. Huflf, 63 S. W., 922; 
Stephenson v. Union Seating Company, 62 S. W., 128; Wilson v. Hite, 54 
S. W., 726. 

Note. — If the teacher be dismissed, the trustees should furnish such teacher a 
written statement setting forth the reason for their action. If the teacher 
wishes to appeal from the action of the board of trustees, the case should be 
brought at once before the county superintendent, who m.ust decide according to 
the law and the evidence submitted. From the county superintendent appeal 
may be taken to the county school trustees. If from their decision an appeal 
is made to the State Superintendent by the teacher or by the board of trustees, 
an agreed statement of facts must he forwarded, together with the decision of 
the county superintendent and county school trustees, to the State Superin- 
tendent. See Section 22 and note thereunder. 

Consult Harkness v. Hutcherson, 90 Texas, 383; 38 S. W., 1120; and More- 
land V. Wynne, 62 S. W., 1093. 

Note. — On account of smallpox, the public schools of a city were suspended 
and a teacher was notified to hold herself in readiness to resume work. The 
court held she was entitled to her salary for the lost time, although the suspen- 
sion lasted three months. Randolph v. Sanders, 22 Texas Civ. App., 331; 
54 S. W., 621. See also Singleton v. Austin, 65 S. W., 686. 

Sec. 8. Make Contracts for the District. — School trustees shall de- 
termine how many schools shall be maintained in their respective school 
districts, and at what points they shall be located; they shall deter- 
mine when the schools shall be opened and when closed; they shall 
contract with teachers and manage and supervise the schools, subject to 
the rules and regulations of the county and State Superintendents; 
they shall approve all teachers' vouchers, and all other claims against 
the school fund of their district; provided, that trustees of districts in 
making contracts with teachers shall not create a deficiency debt against 
the district. [Acts of 29th Leg., Chap. 124, Sec. 71.] 

Note. — The suit is brought by certain patrons of a public school to enjoin 
the school trustees from changing the location of the schoolhouse, and erecting 
a new school building at a different locality in the school district. We think 



12 State Department of Education. 

that it was the intention of the school laws to place such matters primarily 
under the control of the school authorities, subject, of course, to the final control 
of the courts in a proper case. The law provides for an appeal from the action 
•of the school trustees first to the Superintendent of Public Education and from 
his decision to the State Board of Education. — Caswell v. Fundenberger. 
105 S. W. Eeporter, 1017. 

Note. — This section does not authorize trustees to divide the session of the 
•school into tAvo or more short terms. The school should be taught continuously 
from beginning to close of session, and contract with teacher must be made 
accordingly. 

Note. — A school district being a public corporation, all persons dealing with 
it are charged with knowledge of the condition of its finances. In issuing a 
voucher the trustees must designate whether the amount is to be paid (a) from 
State and county funds, (b) from local funds, (c) from proceeds of sale of 
bonds, or (d) from receipts from bond tax. The county superintendent before 
he is warranted in approving any voucher must show (a) that it contemplates 
a legal expenditure of the fund against which it is drawn and (-b) that there is 
sufficient money in that fund to the credit of the district for the current schol- 
astic year, available for the purpose, to pay the voucher. A board of trustees 
cannot make contracts for the expenditure of more money than the receipts for 
the current year. '"The term of the school must end when the fund apportioned 
to it for the particular year is for any reason exhausted." — Stephenson v. Union 
Seating Company, 62 S. W., 128. A balance may be carried over to be used the 
next year (see Section 55 herein), but an indebtedness cannot be legally created 
-against the funds of future years except by the issuance of bonds. See Collier v. 
Peacock, 54 S. W., 1025; 55 S. W., 756; 93 Texas, 255; Bank of Nocona v. March, 
51 S. W., 266; Andrews v. Curtis, 2 Civ. App., 678; 22 S. W., 72; Clark v. 
School Directors, 78 Illinois, 474. 

Note. — A trustee may not become pecuniarily interested in any contract with 
'the board. See Articles 264 and 266 of the Penal Code, and the case of Rigby 
V. State, 27 Texas Cr. App., 55. 

Articles 125 and 126 of the Penal Code, relating to bribery, apply to school 
ijrustees. 

Sec. 9. Contracts With Teachers. — Trustees of a district shall make 
contracts with teachers to teach the public schools of their respective 
districts, but the • compensation to teachers under written contract with 
the trustees shall be approved by the county superintendent before the 
school is taught, stating that the teacher will teach such school for 
the time and money specified in the contract; and the board shall have 
authority, whenever the average daily attendance exceeds thirty-five 
pupils, to employ one competent assistant to every thirty-five pupils 
•of such excess, and fractional part thereof exceeding fifteen pupils; 
and all children within the scholastic age residing in such district, 
though they may have settled in such district since the scholastic census 
was taken, shall be entitled to receive all the benefits of the schools of 
such district and in districts that levy a special school tax the trustees 
shall have the right to increase the salaries of teachers and the scho- 
lastic age, and may also have the schools taught longer than six months 
if it is deemed advisable. [Art. 3825, E. S., 1911.] 

Note.— See Singleton v. Austin, 65 S. W., 686. 

Sec. 10. ChecJc for Payment of Teacher. — The amount contracted 
"by trustees to be paid a teacher shall be paid on a. check, drawn by a 
jnajority of the trustees, on the county treasurer [depository], and ap- 
proved by the county superintendent. The check shall in all instances 



Laws Eelating to Teachees and Pupils. 13 

be accompanied by the affidavit of the teacher that he is entitled to 
the amount specified in the cheek, as co2upensation under his contract 
as teacher. [Art. 2826, E. S., 191L] 

Note. — The oath printed on the back of each teacher's salary voucher in the 
forms furnished by the State Department of Education is in conformity with a 
decision of the Court of Criminal Appeals holding that this section of the law 
requires such affidavit. A false oath by the teacher renders him guilty of per- 
jury. (Anderson v. State, 20 Cr. App., 312.) 

Sec. 11. Shall Approve Contracts and Vouchers. — The county super- 
intendent shall approve all vouchers legally drawn against the school 
fund of his county. He shall examine all contracts between the trustees 
and teachers of his county, and if in his judgment such contracts are 
proper, he shall approve the same; provided, that in considering any 
contract between a teacher and trustee he shall be authorized to consider 
the amount of salary promised to the teacher. He shall distribute all 
school blanks and books to the officers and teachers of the public schools, 
and shall make such reports to the State Superintendent as may be re- 
quired by that officer. Immediately after qualifying he shall appoint a 
county board of examiners, consisting of two resident white teachers 
holding first grade certificates, who shall serve during the pleasure 
of the county superintendent of public instruction, subject to the pro- 
visions hereafter made. He shall discharge such other duties as may be 
prescribed by the State Superintendent. [Art. 2756, E. S., 1911.] 

Note. — The county superintendent cannot approve a contract before the ap- , 
porlionment of school funds. He must consider the compensation to be paid 
the teacher and the time for which the school is to be taught. Tlie State 
apportionment of the school funds is not made before August 1, and it is, 
therefore, impossible for the county superintendent to consider the terms of 
a contract with respect to the funds of the district prior to that date. 

A contract must cover the entire time the public school of the district is to 
'be taught during the scholastic year. The session must be continuous. 

The county superintendent has no authority to change an incipient contract 
between a board of trustees and a teacher; he must either approve or disapprove 
it. (Caviel v. Coleman, 72 Texas, 550; 10 S. W., 679.) 

Sec; 12. Authorized to Administer Oaths. — The county superintend- 
ents are hereby empowered to administer oaths necessary in transacting 
any business relating to school affairs; provided, that they shall receive 
no compensation for administering said oaths. [Art. 2757, E. S., 1911 ] 

Sec. 13. Shall Present Valid Certificate. — Any teacher desiring to 
teach in any city, town, or district in this State, shall before contracting 
with any board of trusteees, or with any [city] school board, exhibit a 
teacher-'s certificate, valid in the city, town or school district; and any 
teacher who shall teach in any public school in this State without having 
.a valid certificate shall not receive from the free school funds any com- 
pensation for such service. [Art. 2780, E: S., 1911.] 

The conditions of employment and payment of a teacher are as follows: 

1. The teacher must not be related to any member of the school board by 
affinity within the second degree or by consanguinity within the third degree. 
< Anti-nepotism law. ) 

2. His certificate must be valid at time of employment and for entire time 
covered by contract. 



14 State Department oe Education. 

3. The contract must be made ^yitll the school board — employment by the 
principal is not legal. In a common school district the contract must be ap- 
proved by the county superintendent before the opening of the school. 

4. Each teacher must receive pay for his services by a separate check or 
voucher. 

Sec. 14. Penalty. — Any county or city superintendent or board of 
trustees who shall approve any teacher's contract or voucher until the 
person has presented a valid certificate, shall be guilty of a misdemeanor, 
and on conviction thereof shall be fined not less than twenty-five nor 
more than one hundred dollars. [Art. 1006, Penal Code.] 

Sec. 15. Salaries. — Trustees in making a contract with a teacher 
shall determine the salary to be allowed or the wages to be paid. Pro- 
vided a teacher holding a permanent State certificate shall not receive 
wages in excess of $150 per month out of the public free school fund; 
a teacher holding a first grade certificate shall not receive as wages from 
the public free school fund more than $125 per month, and a teacher 
holding a second grade certificate shall not receive as wages from the 
public free school fund more than $100 per month. Provided, however, 
that the above salaries may be supplemented in taxes levied for school 
purposes. [Acts of 36th Leg., 3rd Called Session, Chap. 27.] 

Effective September 18, 1920. 

The restrictions of this section in the matter of salary apply to both common 
school districts and independent school districts which levy no local maintenance 
taxes. 

Tuition fees paid by "overs and unders" become a part of the school fund, and 
cannot be promised the teacher in addition to the maximum salary fixed in 
this section, if the district levies no local tax. 

Section 77 names the studies required to be taught, and provides for thei 
addition of other studies; but no tuition fees for instruction in such added 
studies can be collected from pupils within the age of free atter^dance. 

lav\^s relating to pupils and schools. 

scholastic census. 

Sec. 16. Who Shall Be Enumerated. — In taking the scholastic census 
every child that will be of scholastic age at the beginning of the next 
school year shall be enrolled and enumerated in the district in which it 
resides at the time of its enumeration. [Acts of 29th Leg., Chap. 124, 
Sec. 90.] 

ATTENDANCE. 

Sec. 17. School Shall Not Be Sectarian. — No part of the public 
school fund shall be appropriated to or used for the support of any sec- 
tarian school. [Art. 2896, E. S., 1911.] 

Note. — See Article 7, Section 5, Constitution of Texas. Church, et al. v. 
Bullock, et al., 109 S. W., 115.- 

Sec. 18. Provisions to Be Made for Both Faces. — All available public 
school funds of this State shall be appropriated in each county for the 



Laws Eelating to Teachees and Pupils. 15 

education alike of white and colored children, and impartial provisions 
sU]] be made for both races. [Art. 2897, E. S., 1911.] 

Note. — See Article 7, Section 7, Constitution of Texas. 

Sec. 19. Who Are "Colored." — The terms "colored race" and "col- 
ored children,'"' as used in the preceding articles, and elsewhere in this 
title, inclnde all persons of mixed blood descended from negro ancestry. 
[Art. 2898, E. S., 1911.] ' 

Sec. 20. WJiere Children May Attend School. — Every child in this 
State of scholastic age shall be permitted to attend the public free 
schools of the district or independent district in which it resides at the 
time it applies for admission, notwithstanding that it may have been 
enumerated elsewhere or may have attended school elsewhere part of 
the year; provided^ that white children shall not attend the schools 
supported for colored children, nor shall colored children attend the 
■schools supported for white children. [Art. 2899, E. S., 1911.] 

The right of attendance in the district of the child's residence may be for- 
feited by transfer. 

Sec. 21. Scholastic Year. — The scholastic year shall commence on 
tlic first day of September of each year and end on the thirty-first day 
of August thereafter. [Art. 2901, E. S., 1911.] 

Sec. 22. Admission of Overs and Unders; Suspension of Pupils, — 
The trustees of schools shall have the power to admit pupils over and 
under scholastic age, either in or out of the district, on such terms a« 
they may deem proper and just; provided, that in admitting pupils 
over and under the scholastic age, the school shall not be overcrowded 
to the neglect and injury of pupils within the scholastic age; and they 
may suspend from the privileges of schools any pupil found guilty of 
incorrigible conduct, but such suspension shall not extend bevond the 
current term of the school. [Art. 2901, E. S., 1911.] 

Note. — The teacher can suspend a pvipil only until the board of trustees ca» 
be called together for action in the case. The Supreme Court of Wisconsin, Im 
the case of State v. Burton, 54 Wis., 150, emphasizes the following rule: 

"The teacher is responsible" for the discipline of his school and for the progress, 
conduct, and deportment of his pupils. It is his imperative duty to maintaia 
good order and to require of his pupils a faithful performance of their duties, 
if he fails to do so, he is unfit for his position. To enable him to discharge 
these duties effectually, he must necessarily have the power to enforce prompt 
obedience to his lawful commands. For this reason the law gives him the power 
in proper cases, to inflict corporal punishment upon refractory pupils. But there 
are cases of misconduct for which such punishment is an inadequate remedy. If 
the offender is incorrigible, suspension or expulsion is the only adequate remedy. 
In general, no doubt, the teacher should report a case of that kind to the proper 
board for its action in the first instance, if no delay will necessarily result frors 
that course prejudicial to the best interests of the school. But the conduct 
of the recusant pupil may be such that his presence in the school for a day or am 
hour may be disastrous to the discipline of the school and even to the morals of 
the other pupils. In such case it seems absolutely essential to the welfare of the 
school that the teacher should have the power to suspend the offender at once 
from the privileges of the school ; and he must necessarily decide for himself 



1.6 State I)f:p.\ri'ment of Education. 

whether the case requires that remedy. If he suspends the pupil, he should 
promptly report his action and his reasons therefor to the proper board." 

The authority of the school over the conduct of pupils is not necessarily 
limited to acts done during school hours, but extends to acts committed out- 
side of the schoolroom, if the eiTect of such acts reaches within the schoolroom 
and is detrimental to good order and the best interests of the school. How- 
everj a rule requiring pupils living with parents not to attend parties has been 
held to be unreasonable and non-enforceable. (State v. Osborne, 24 Mo. App., 
309.) Pupils may be held responsible for the preparation of reasonable home 
work assigned bv the teacher. (Bolding v. State, 23 Texas Ct. App., 172; 4 S. 
W., 579.) 

The following Texas decisions pertain to the authority of a teacher to inflict 
corporal punishment upon a pupil: Stanfield v. State, 43 Texas, 167; Dowlen 
v. State, 14 Ct. App., 61; Bolding v. State, 23 Ct. App., 172; 4 S. W., 579; 
Hutton V. State, 23 Ct. App., 386; Thomason v. State, 43 S. W., 1013; Hower- 
ton V. State, 43 S. W., 1018; Kinnard v. State, 35 Cr. Rep., 270; 33 S. W., 234. 

Sec. 23. Unlawful to Loiter on School Grounds. — It shall be un- 
lawful for any person or persons to loiter or loaf upon an}'- public school 
grounds in this State during the session of such school, after heing 
warned by the person in charge of such school to leave such grounds, 
and such person or persons so found shall be guilty of a misdemeanor, 
anci upon conviction therefor shall be fined in any sum not less than 
five and not to exceed twenty-five dollars. [Acts of 29th Leg., Chap. 
124, Sec. 70.] 

Sec. 24. Control of School Property. — All schoolhouses erected, 
grounds purchased or leased for a school district, and all other property 
belonging thereto, shall be under the control of the district trustees of 
such district. [Art. 2847, E. S., 1911.] 

Sec. 25. When Schools Shall Be Open.— Public schools shall be 
taught for five days in each week. Schools shall not be closed on legal 
holidays unless so ordered by the trustees. A school month shall consist 
of not less than twenty school days, inclusive of holidays; and shall be 
taught for not less than seven hours each day, including intermissions 
and recesses. [Art. 2903, R. S., 1911.] 

Note. — If a school be closed on a legal holiday upon order of the trustees, the 
teacher is entitled to pay for that day. 

Sec. 26. Legal Holidays. — The first day of Januar}-, the twenty- 
second day of February, the second day of March, the twenty-first day 
of April, the third day of June, the fourth day of July, the first Monday 
m September, the twelfth day of October, and the twenty-fifth day of 
December of each year, and all days appointed by the President of the 
United States, or by the Governor, as days of fasting or thanksgiving, 
and every day on which an election is held throughout the State, are 
declared holidays, on which all the ]3ublic offices of the State may be, 
closed, and shall be considered and treated as Sunday or the Christian 
Sabbath for all purposes regarding the presenting for payment or accept- 
ance and of protesting for and giving notice of the dishonor of bills of 
exchange, bank cheeks and promissory notes placed by the law upon the 
footing of bills of exchange. [Acts 32nd Leg., Chap. 37.] 



Laws Eelating to Teachees and Pupils. 17 

■ Sec. 27. Shall Keep Records and Mahe Reports. — (a) Teachers 
shall keep daily registers, in which the names, ages and studies of the 
pupils and their attendance shall be recorded, and such other matters as 
may be prescribed by the State Superintendent. Said registers shall 
be open to the inspection of all parents, school officers, and other persons 
wiio may be interested. 

(b) All teachers shall make monthly reports on such subjects as may 
be designated by the State Superintendent or county superintendent, to 
be approved by a majority of the trustees of the district, and shall file 
the same with the county superintendent when they present their 
vouchers for their months' salaries. 

(c) They shall make such reports at the end of the school term as 
may be prescribed by the State Superintendent, and until such term re- 
ports are made the trustees shall not approve vouchers for last month's 
salaries, nor shall the county treasurers [depositories] pay the same. All 
monthly and term reports shall be made under oath, and county superin- 
tendents are hereby empowered to administer oaths for such purposes. 
County superintendents and county judges shall receive no compensa- 
tion for administering oaths necessary in transacting any business 
relating to school affairs. [Art. 3784, E. S., 1911.] 

TEXT BOOK LAWS RELATING TO TEACHERS AND PUPILS. 

Sec. 28. The school trustees of each district shall be designated 
as the legal custodians of the books, and shall have the power to make 
such arrangements for the distribution of books to the pupils as they 
may deem most effective and economical; provided, that no district shall 
have the power to make any regulation in regard to text books which 
is at variance with the provisions of this Act, or with the regulation' of 
the State, made by the State Superintendent of Public Instniction and 
approved by the State Board of Education. 

Sec. 29. Books shall remain the property of the State, and after 
purchase through requisition according to the provisions of this Act, 
shall remain in the charge of the district school trustees as the legal 
GusLodians of the books. The district school trustees shall have the 
power to delegate to their employes such power as to requisitions and 
distributions of books and the management of books as in their judg- 
ment may be best; provided, that such plans shall not be at variance 
with the provisions of this law, or with the State Eules for Free Text 
Books, formulated by the State Superintendent of Public Instruction 
and approved by the State Board of Education. 

Sec. 30. Eequisitions for books shall be made in the following 
manner: On the first day of April each teacher shall make report to 
the principal of the maximum attendance of his or her grade, or school, 
if not a graded school. If the school has only one teacher, said report 
as to ihe maximum attendance of pupils of each grade of work shall 
be made by the teacher to the board of school trustees and to the county 
superintendent. In case of unorganized counties, or counties having 
an ex-officio county superintendent, reports shall be made to the State 



18 State Depahtment oe ]^]ducation.' 

Superintendent. Eeports as to the maximum attendance for the school 
shall be made not more than one week subsequent to the first school 
day of April by the principal to the city or town superintendent or by 
the principal to the county superintendent if the school is not situated 
in a city or town. The city or town superintendent of schools shall 
compile reports of principals and make report to the State Superin- 
tendent of Public Instruction. The county superintendent shall make 
such report to the State Superintendent of Public Instruction as to 
the maximum attendance of each rural school of his county as will 
designate the number of text books of each grade and kind, to which 
each rural school of his county shall be entitled. Eeports as to the 
maximum attendance of each sthool under their direction shall be 
2uade to the State Superintendent of Public Instruction by the afore- 
said superintendents of cities, towns, and counties, not later than 
April 25th, provided that should the school close before this date, it 
shall be the duty of the teacher to file with the county superintendent 
and with the board of school trustees reports complying with the pro- 
visions of this Act. Blank forms for reports and for requisitions of 
. texr books shall be furnished to all boards of school trustees by the 
State Department of Education. Eequisitions for books shall be based 
on said reports as to the maximum number of scholastics in attendance 
the preceding school session, plus an additional fifteen per cent, and 
such requisitions shall be made through the State Superintendent of 
Public Instruction and by him furnished to the State depository desig- 
nated by contractors of books not later than June 1st of each year, 
provided that in cases of unforeseen emergency the State depository 
shall fill small orders for books on requisition approved by the chair- 
maj of the district board of school trustees, such requisition subse- 
quently to be sent promptly for approval to the State Department of 
Education. One copy of each text book used in the work taught by 
the teacher shall be issued by the school trustees, or their repTCsenta- 
tives, to each teacher as a desk copy, such books to be returned to the 
trustees or their representatives at the close of the session. 

Sec. 31. Teachers and school ojfficers must make such reports as 
to the use, care and condition of free text books as may be required 
by the local trustees or by the State Department of Education. Tlie 
salary for any month of any teacher or eni,ploye who neglects to make 
such report at the 'proper time, may he withheld until each report he 
received in a condition satisfactory in form< and content. Text books 
shall be subject to inspection by any inspector or agent authorized by 
those having charge of the local text book service, or authorized by the 
State Superintendent of Public Instruction, subject to the approval of 
the State Board of Education; provided, that inspectors authorized by 
the State Department of Education shall be those in regular employ- 
ment as Mgh school inspectors, rural school inspectors, or inspectors 
of vocational education. 

Sec. 32. Specific rules as to the requisition, distribution, care, use, 
and disposal of books may be made by the State Superintendent of 
Public Instruction subject to the approval of the State Board of Edu- 



Laws Eelating to Teackeks and Pupils. 19 

cation; provided, that such rules shall not conflict with the provisionrj 
of this Act, or with the uniform text book laAv under the terms of 
which contracts for supplies, books are made with the publisher or with 
the terms of said contract. No teacher or employe of the school en- 
gaged in the distribution of text books under this law as the agent 
or employe of the State, or of any county or district in the State shall^ 
in connection with this distribution, sell or distribute, or in any way 
handle, any kind of school furniture or supplies, such as desks, stoves, 
blackboards, crayon, erasers, pens, ink, pencils, tablets, etc. 

Sec. 33. All books shall have printed labels pasted on both in- 
side covers; said label to be supplied by the State Department of Edu- 
Ci;tiGn. Each school shall number all books, placing the number on 
these labels. All teachers shall keep a record of the number of all 
books issued to each pupil. All books must be covered by the pupil, 
under the direction of the teacher. Books must be returned to the 
teacher at the close of the session, or when the pupil withdraws from 
school. Each pupil, or its parent or guardian, shall be responsible to 
the teacher for all books not returned by the pupil, and said pupil not 
returning all books delivered to him or her shall not be entitled to the 
benefits of this x\ct until said books are paid for by said parent or 
guardian. 

Local boards of trustees shall make provisions for the fumigation of 
books before the reissue of the books. Covers of all books shall be 
rejuoved before reissue, and the pupil to whom the book is issued shall 
replace cover, under the direction of the teacher. 

Sec. 34. Books may be bought from the local boards of trustees 
by pupils or parents of pupils attending the public schools of the State, 
said board to furnish the books at the retail contract price. Any book 
may be purchased from the State depository designated by the con- 
tractor holding the contract for said book, by State institutions or by 
private schools, or church schools, such purchase to be made on the 
same terms as those given to the State for the same book. All money 
accruing from sales of books by district boards of school trustees shall 
be forwarded to the State Text Book Fund not later than one month 
after the sale. 

Sec. 35. For the next two school sessions after the passage of this 
Act, all district boards of school trustees or their legally appointed 
representatives, shall be empowered to pay to any pupil one-half of the 
exchange price of any adopted text book in use the preceding year, on 
delivery to the teacher of the said book, provided that the same privi- 
lege of surrendering to the State the adopted books in previous use 
during the scholastic year preceding the change of books and receiving 
therefor one-half of the exchange price of books, shall be accorded to 
cities, towns, or districts, which, previously to the passage of this Act 
have owned and furnished free text books to the pupils. Bills for the 
repayment to the school district of such purchases shall be attested as 
correct before a notary public by the chairman of the district board of 
trustees, or by his legally appointed representatives, approved by the 



20 State Department of Education. 

State Superintendent of Public Instruction, and paid on warrants on 
the Text Book Fund issued by tlie State. Each district shall be al- 
lowed warrants to the amount of five per cent of the aggregate exchange 
price of all books turned over by the district to the book contractors 
and accepted by them in exchange for new books, tliis sum being set 
apart to pay cost of handling and packing books, and transportation to 
the nearest railway station. 

Sec. 36. The State Superintendent of Public Instruction, with the 
approval of the State Board of Education, may provide for the dis- 
pobition of such text books as are no longer in a fit condition to be 
used for purposes of instruction, provided that the district board of 
trustees shall retain a sufficient number of each text book to be used 
as exchange copies in case of change of the adopted text book, and 
provided that whenever it should become practicable to sell such old 
text books for use in the manufacture of paper, pulp or similar sub- 
stances, the highest price obtainable shall be secured by bids and money 
accruing from the sale shall be deposited to the credit of the State 
Text Book Fund. In case of the disuse of books in fair condition, in- 
spectors of the State Department of Education may require the con- 
tinuance of the use of said books. 

Sec. 37. Complaints in regard to text book service shall be made 
both to the State Superintendent and to the State depository designated 
by contractors of the books. In case such complaint does not receive 
reasonably prompt attention, complaint shall be taken to the county 
Jndge, who shall proceed in accordance with the provisions of this Act. 
Trustees of unorganized counties shall make complaint to the county 
judge of the county to which said unorganized county is attached for 
judicial purposes. 

Sec. 38. In making requisitions for supplementary books, teach- 
ers shall designate their first, second, third choice, etc., to the limit 
of the sets of supplementary books adopted, and such reports shall be 
furnished to the State Superintendent, and said supplementary books 
shall be issued according to rules prescribed by the State Superintendent 
of Public Instruction. Eequisitions for supplementary books may be 
made at convenient times during the session, but must be made within 
one month in advance of the time the books will be needed. [Acts of 
36th Leg., Chap. 29, Sees. 7, 8, 10, 12-19.] 

Note that where a choice of supplementary readers has been made for the 
school, teachers may not change these until the books previously ordered be- 
come so worn as to be unfit for use. 

Sec. 39. Trustees and Teachers Shall Not Handle Texthoohs. — No 
member of the board of trustees of any public school, nor teacher in any 
of the public schools of this State, nor county or city superintendent of 
public schools, shall, during the term of their office as trustees or super- 
intendent, or during, the time of their employment as teacher, act as 
agent or attorney for any text-book publishing company selling text- 
bocks in this State. Nor shall any person interested in the publication 



Laws Eelatixg to Teachees and Pupils. 21 

of text-books, or of selling the same to be used in the public schools 
of this State, be eligible as school trustee, county or city superintendent 
of schools or as teacher in any of the public schools of this State, wliiJe 
acting in the capacity, of agent or attorney for text-book publishers 
or dealers. If after election as trustee, county or city superintendent 
or employment as teacher, any person filling such position accepts 
the agency or attorneyship of any text-book publishing company, the 
acceptance of such agency or attorneyship shall work a forfeiture of 
thr office or place in the public schools held at the time of the acceptance 
of such agency or attorneyship. [Art. 2904, E. S.", 1911.] 

Sec. 40. Adopted Textbooks Shall Be Used to the Exclusion of All 
Other Texthoohs. — The books adopted by the Commission under the 
provisions of this Act shall be introduced and used as textbooks to 
the exclusion of all others in public free schools of this State for such 
period of 3^ears as may be determined by the Commission, not to ex- 
ceed six years in any case ; provided nothing in this Act shall be con- 
strued to prevent or prohibit the patrons of the public schools through- 
out the State from procul-ing books in the usual way in the event that 
no contracts are made. Provided that said Commission shall not 
contract for any book of which any member of the nominating com- 
mittee, or any member of said Commission is, or may be author. [Acts 
of 35th Leg., 1st Called Session, Chap. 44, Sec. 23.]' 

Sec. 41. Xo trustee or teacher shall ever receive any commission 
or rebate on any books used in the schools with which he is con- 
cerned as such trustee or teacher, and if any such trustee or teacher 
shall receive or accept any such commission or rebate he shall be guilty 
of a misdemeanor and upon conviction he shall he fined not less than 
fifty dollars and not more than one hundred dollars. [Acts of 35th Leg , 
1st' Called Session, Chap. 44, Sec. 25.] 

RURAL SCHOOL AID. 

Sec. 42. For the purpose of promoting the public school interests' 
of rural schools and those of small towns, and of aiding the people in 
providing adequate school facilities for the education of their children, 
$2,000,000, or such part thereof as may be necessary, is hereby ap- 
prc priated out of any money in the State Treasury not otherwise ajjpro- 
priated for the school year ending August 31, 1920, and $2,000,000, 
or such part thereof as may be necessary, for the year ending August 31, 
1921, to be used in accordance with the provisions of this Act in aiding 
rural schools and those of small towns. 

Sec. 43. State aid under the provisions of this Act may be dis- 
tributed in such a way as to assist all schools of not more than 500 
scholastic enrollment to maintain the school for such length of term, not 
to exceed nine months, as may be desired by the district board of school 
trustees, for granting of "such aid to be subject to the following con- 
ditions: 

(1) A common school district receiving this aid must not contain 
less than nine square miles. 



22 State Departmetstt of Education. 

(2) A common school district or independent school district receiving 
this* aid must have had an average attendance the preceding year at least 
twenty times as many scholastics as the number of teachers employed, 
and must maintain during the year in which aid is received, an average 
attendance of at least 75 per cent of the enrollment during the time that 
the school is in session, unless cause for such non-attendance, satisfactory 
to the State Board of Education can be shown. 

(3) Afiy common or independent school district receiving this aid 
must make such heating and ventilating arrangements, provide such 
sanitary closets, and keep school premises in such condition as can be 
apj-jroved by the rural school ins]:)ector sent by the State Department of 
Education. 

(4) Xo common school district or independent school district which 
refuses to conform to a plan of consolidation formulated by the county 
superintendent and approved )jy the county board of trustees and by the 
State Superintendent, shall receive aid from this fund for any school 
session following the school year in which such refusal is made, 

School districts in sparsely settled communities where consolidation 
is impracticable, are to be excepted from this provision of this Act: 
provided that the decision as to whether such consolidation is not ad- 
vantageous shall rest Avith the county board of trustees and shall be 
approved by the State Superintendent. It is expressly provided that 
in case of schools where compliance with the preceding conditions is im- 
possible, or would work undue hardships, the State Superintendent shall 
have power, with the approval of the State Board of Education, to grant 
fimds to such schools. 

(5) Xo common or independent school district which has received 
aid from this fund for one scholastic year, shall be granted such aid a 
second time unless it shall provide for the maintenance of its schools by 
voting a tax for maintenance of schools of fifty cents on the hundred 
dollars of property valuation ; aind in no case shall the assessed valuation 
for the common school district be less than the valuation of the county 
assessor; and in no ease shall the assessed valuation in towns be less than 
the assessed valuation of town property for other purposes. 

Schools of not more than 500 scholastic enrollment, complying with 
the foregoing conditions, shall send to the State Superintendent, on 
blanks provided by the State Department of Education, a list of teachers 
employed in the school, with a statement as to the monthly salary of each 
teacher, it being shown on this blank that the trustees hick sufficient funds 
to maintain the school for the desired length of term. The State Super- 
intendent of Pul)lic Instruction, with the approval of the State Board of 
Education, may then grant to the school such an amount of this fund as 
may be necessary to maintain the school for the desired length of term; 
provided that this period he not longer than nine scholastic months, and 
provided that such aid be not granted in excess of an amount sufficient 
to pay the teachers the maximum salary permitted by State law to those 
holding certificates of the grades held by the teachers of the school dis- 
tricts to which such aid is granted. Provided, all school districts meet- 
ing the requirements of this Act, and not having suificient available school 
funds to maintain their school six months in the vear, sliall be given 



Laws Relating to Teachers and Pupils. 23 

the preference in the distribnticn of this fund, until all the public schools 
in the State can be maintained at least six months in the year. 

Note that any school district, which has never received State aid, may re- 
ceive, for one year, such aid as is needed, by complying with the very simple 
conditions set forth in the above paragraphs, whether it levies a local tax or not. 
School trustees of such schools should apply for such aid as is needed to run 
the school for the desired length of term, and then put forth the effort during 
that year to carry an election for a local tax, that this aid may be continued. 

Sec. M. All applications for State aid under this Act shall be made 
upon the form published by the State Board of Education and fur- 
nished by the State Department of Education. Before any application 
is presented to the State Board of Education for its consideration, the 
State Superintendent shall make careful investigation regarding com- 
pliance with conditions, and his certificate that each district to which aid 
is granted, meets substantially the requirements of the law. shall be re- 
quired by the board before aid in any amount is granted. 

Sec. 44a. In addition, State aid to the amount of not more than 
$500 for any district may be granted, from the appropriation au- 
thorized by this Act, to school districts under the following conditions : 

(1) * Location. Each such scho.ol receiving this State aid shall be well 
located on a plot of ground not less than one acre in extent, properly 
drained and suitably laid out. 

(2) Scliool House. There shall be provided a suitable school house, 
erected in accordance with the school house building law of Texas, or 
meeting substantially the requirements thereof. 

(3) Equipment. Each such school shall be provided with necessary 
desks, seats, and blackboards; and with such librarjr, books, maps, and 
globes as recommended in the State course of study, as in the opinion of 
the State Superintendent said school may be able to purchase. 

(4) Teacliers. Teachers employed in country or small town schools 
shall furnish to the State Superintendent satisfactory evidence of pro- 
fessional training to their credit, and all teachers must render efficient 
service of a high grade. 

(5) Attendance. In order to receive State aid under these condi- 
tions, the school district must have a scholastic enrollment of not more 
tlian 500 scholastic enrollment, exclusive of transfers, and must main- 
taii: an attendance record during the year in which it receives such aid 
of not less than seventy- five per cent. of the enrollment unless causes for 
such non-attendance satisfactory to the State Board of Education can 
be shown. 

(6) Local Tax. The school district must have levied and be collect- 
ing a local school tax for maintenance of not less than fifty cents on the 
hundred dollars valuation; provided that in no case shall the assessed 
valuation in rural districts be less than the valuation of the county as- 
sessor, and provided that in small town districts, in no case shall the 
property valuation for school purposes be less than that for any other 
taxation upon town property; provided that any school district which 



24 State Depaetment op E'ducation. 

has not received aid for one year shall receive such aid for one time only 
even though no such tax has been voted by said district. 

(7) Subjects. Each country school or small town school shall teach 
the eommon school subjects as prescribed by laAv. 

Sec. 45. Such part of this fund as may not be expended under 
the preceding provisions of this Act may be granted to schools of not 
more than 500 scholastic enrollment for the following purposes: 

(1) Schools making provision for transportation of pupils to and 
from consolidated schools may be granted from this fund a sum equal to 
one-half of the total cost of transportation, provided that the provisions 
of the contract for said transportation be approved by the State Superin- 
tendent. 

(2) State aid from this fund may be granted, in accordance with 
rules approved by the State Board of Education, for the purpose of pro- 
viding for an annual increase of salary to teachers of rural schools and 
schools of small towns, who remain in the same position; provided (1) 
that such aid shall not exceed one-half of the amount of the annual in- 
crease paid by the school, (2) that such teachers shall furnish recom- 
mendations as to satisfactory work from their local boards, (3) that such 
aid shall not be granted for the increase of salaries of teachers who do 
not attend a summer school for at least two months not less frequently 
than one summer out of every three, and (4) that the maximum salary 
paid such teachers shall not exceed the average of the salary paid to 
teachers of similar acquirements and experience in the three largest 
cities of the State. 

Note that the specific language of this law required attendance at school. 
Therefore teachers should not attempt to offer correspondence work as satis- 
fying this provision. 

(3) Any school which acquires by purchase or by gift a library of a 
value of not less than $200 consisting of books approved as a school 
library by the regulations of the State Department of Education, may 
receive from this fund a sum not exceeding one-half the value of said 
library. 

(4) Provided that State aid not exceeding $500 for any one school 
may be granted under this section in any one year. 

Sec. 46. General Poujer-of State Board of Education. The State 
Boyrd of Education shall be authorized and it shall be their duty to take 
such action and to make such rules and regulations, not inconsistent 
with the terms of this Act, as, in its opinion, may be necessary to carry 
out the provisions and intentions of this Act. [Acts of 36th Leg., Chap. 

TAX LEVY FOR SCHOOL AND TEXT BOOK FUND. 

Sec. 47. There is levied and shall be collected for public free school 
purposes for the year 1919 and annually thereafter an ad valorem tax 
of thirty-five (35) cents on the one hu.ndred ($100). dollars valuation 
of all real property situated and on all property owned in the State 
on the first day of January of each and every year, and on all property 



Laws Eelating to Teachees and Pupils. 25 

sent out of the State prior to the first day of January for the purpose 
of evading the payment of taxes thereon and afterwards returned to the 
State, except so much thereof as may be exempted by the Constitution 
and laws of this State or the United States, which said taxes shall be 
collected in the same manner as other ad valorem taxes, and all of said 
taxes are hereby appropriated for such purpose for the years ending 
August 31, 1920, and August 31, 1921. 

Sec. 47a. The State Board of Education shall annually, at a meeting 
designated by them each year, set apart out of the funds raised under 
the provisions of this Act an amount sufficient not to exceed 15 cents 
on the one hundred ($100) dollars valuation on all property mentioned 
in Section 1 hereof to purchase and distribute the necessary school books 
for the use of the pupils of the public free schools of this State. 

Sec. 47b. All laws and parts of laws in conflict herewith are hereby 
repealed. 

Sec. 47c. The fact that there is now' no law upon the statute books 
of this State authorizing a sufficient levy of school taxes creates an emer- 
gency and an imperative necessity requiring the suspension of the con- 
stitutional rule that bills be read on three several days, and said rule is 
hereby suspended, and this Act shall take effect from and. after its pas- 
sage, and it is so enacted. [Acts of 36th Leg., 2nd Called Session, 
Chap. 23.] 

This law was made necessary because of the fact that we had on the statute 
books an old law limiting the amount of school tax which the State might 
levy to $4.50 per capita. While this law had been disregarded in the past, it 
was thought wise to pass one which would authorize present custom. Pleaae 
«ote that the maximum amount which can be spent for free text-books is the 
revenue from the tax of 15 cents on the hundred dollars, which was voted for 
this purpose, November, 1917, by the people of the State. This provision should 
put an end to the groundless rumors that free text-books must be purchased 
from funds formerly used to pay the salaries of teachers. On the contrary, 
this law requires the levy of a thirty-five cents tax for schools and free text- 
books, thus making compulsory what before was not actually legal. Teachers 
should bear in mind the fact that all that can be saved from the Text-Book 
Fund may be used for increased support of the schools. It is to the teacher's 
interests to require good care of text -books, as well as excellent training for the 
pupil. 

PURPOSES FOR WPIICH THE SCHOOL FUND MAY BE EXPENDED. 

Sec. 48. The public free school funds shall hereafter not be ex- 
pended except for the following purposes : 

(a) The State and county available funds shall be used exclusively 
for the payment of teachers and superintendents' salaries, fees for taking 
the scholastic census, and interest on money torroiued on short time to 
pay salaries of teachers and superintendents when these salaries become 
due before the school funds for the current year become available. 

(b) Local school funds from district taxes, tuition fees of pupils not 
entitled to free tuition and other local sources may be used for the pur- 
poses enumerated for State and county funds and for purchasing ap- 



26 State DErARTMEXT of Education. 

pliaDces and supplies, for the payment of insurance premiums, janitors 
and other employes, for buying school sites, buying, building and repair- 
ing and renting school houses, and for other purposes necessary in the 
conduct of the public schools to be determined by the board of trustees, 
the accounts and vouchers for county districts and communities, to be 
approved by the county superintendent; p-ovided, that when the State 
available school fund in any city or district is sufficient to maintain the 
schools thereof in any year for at least eight months, and leave a surplus^ 
such surplus may be expended for the purposes mentioned herein. [Acts 
of 36th Leg., Chap., 122.] 

Note that the words italicized aboAe make it legal for school trustees to 
borrow the money to paj^ teachers promptly, interest being deducted from the 
school funds. This law requires the State and not the teacher to pay the inter- 
est on money due to teachers. Teachers should inform their trustees as to this 
law, and insist upon prompt payment of salaries. The money can lie borrowed 
on a note signed by one or all of the trustees. 

EQUAL PAT FOR MEN AND WOMEN. 

Sec. 49. All women teaching in the State schools of the State of 
Texas shall be paid the same compensations as are paid to men for per- 
forming the same kind, grade and quantity of service, and that all women 
performing public service for the State of Texas shall be paid the same 
compensation for their service as is paid to men for performing the same 
kind, grade and quantity of service, and that there shall be no distinc- 
tion in compensation on account of sex. [Acts 36th Leg., Chap. 89.] 

LAV^^S relating TO SCHOOL BUILDINGS. 

Sec. 50. Position of Windows. — That in the public school buildings 
of Texas no window admitting light shall be so placed in a class room 
or study hall that it must be faced by pupils when seated at their desks. 

Pupils should be seated facing one end of the school room, and all windows 
located in front or to the right for purposes of ventilation should be louvered 
so as to exclude the light. 

Sec. 50a. Direction of Main Light Into Room. — That the main 
light in all one room schools shall come from the left of the pupils as 
the} sit at their desks, and in all larger buildings this condition shall 
be approximated as nearly as architectural demands and the demands 
of ventilation will permit. 

Windows should be grouped as closely together as possible, the distance 
between each window being not more than six or eight inches, except that 
in case of brick or stone buildings they may be inserted in pairs, with a slightly 
wider space between each pair to give the wall greater strength. Toward 
the front of the room the first window should not go beyond the first row of 
seats immediately in front of tlic teacher's desk, which should be approximately 
five or six feet from the front wall. The rear window may come as near as 
may be desired to the rear wall. The number of main windows that admit 
light from the left of the pupils should not l)e fewer than five or six. 

Windows inserted in the wall to the rear of the pupils and directly in front 
of the teacher for purposes of ventilation should not exceed two or three in 
number, should likewise be grouped closely together, and should be provided 
with adjustable shades or stationary louvers. 



• LA^vs Eelating to Teachers and Pupils. 27 

Seo, 51. Jacl-eted Stoves. — That all sclioolhouses shall be provided 
with sufficient heating apparatus. 

That all stoves, radiators or other sources of direct heat located 
within the class room or study halls shall be so jacketed, ventilated 
or otherwise protected that the desks upon the side next to the stove, 
radiator or other source of heat shall not be more than five degrees 
Fahrenheit hotter than the desks upon the opposite side of the room. 

In order for an even temperature to be maintained it is necessary for the 
system employed to supply heat to provide also for free circulation of warm 
air throughout the room. Any heating system that fails to do this will not 
meet the legal requirements on this point. (R. V. S. 1914, Art. 2904.) 

COMPULSORY SCHOOL ATTEoSTDAlSrCE LAW. 
PROVISIONS RELATING TO PUPILS AND TEACHERS. 

Sec. 52. Attendance Requirements and Provisions. — Every child in 
this State who is eight years and not more than fourteen years old 
shall be required to attend the public schools in the district of its resi- 
dence, or in some other district to which it may be transferred, as pro- 
vided by law, for a period of not less than sixty days for the scholastic 
year, beginning September 1, 1916, and for a period of not less than 
eighty days for the scholastic years [year] beginning September 1, 1917, 
and for the scholastic year 1918-19, and each scholastic year thereafter 
a minimum attendance of 100 days shall be required. 

Note. — The Court of Criminal Appeals held in the case of Butler v. State. 
194 S. W., 166, that the provisions of the compulsory school attendance law 
are not applicable until a child becomes eight years of age, and after it becomes 
fourteen years of age. 

Sec. 52a. The period of compulsory school attendance at each 
school shall begin at the opening of the school term unless otherwise 
authorized by the district school trustees and notice given by the 
trustees prior to the beginning of such school term; provided^ that no 
child shall be required to attend school for a longer period than the 
maximum term of the jDublic school in the district where such child 
resides. . 

If the beginning of the compulsory school attendance period be changed 
from the opening of the school term, notice thereof shall be posted on the 
schoolhouse door of the district, delivered to the county siiperintendent, handed 
to the superintendent, principal, or other official of private, denominational or 
parochial schools, and published in the local papers, if there be any, prior 
to the opening day of the regular school term. Failure to receive official 
notice will not absolve any scliool officer, instructor, or private tutor from the 
requirements of the law. It is highly desirable that the compulsory school 
attendance period be placed as near as practicable to the opening of the reg- 
ular school term, and the county superintendent Avill find it easier to admin- 
ister the requirements of the law if he succeeds in getting school trustees to 
adopt as nearly as possible a uniform date for the beginning of thf compul- 
sory attendance period. 

Sec. 53. Exemptions. — The following classes of children are exempt 
from the requirements of this Act : 

(a) Any child in attendance upon a private or parochial school or 
who is being properly instructed by a private tutor. 



28 State Department op EDucATioisr. 

The attendance officer may excuse any child from attendance upon the pub- 
lic free school who is in actual attendance upon a private or parochial school, 
or who is being properly instructed by a private tutor. Section 80 makes it 
the duty of the superintendent, principal or teacher of a private, denomina- 
tional or parochial school to furnish the county superintendent with a list of 
all children coming within the compulsory ages enrolled in the school pre- 
sided over by such superintendent, principal or teacher, together with the 
number of the district in which said child was enumerated in the public school 
census, or if not enumerated in the county of its residence, the district in Avhich 
it resides at the time of its enrollment in school. 

(b) Any child whose bodiljr or mental condition is such as to render 
attendance inadvisable, and who holds definite certificate of a reputable 
physician specifying this condition and covering the period of absence. 

In the administration of this provision of the law, the certificate of any 
physician licensed by the State of Texas to practice medicine may be accepted, 
except in cases of doubt, Avhen the attendance officer may require the certifi- 
cate of a specialist. All certificates must specify definitely the child's dis- 
ability. 

(e) Any child who is blind, deaf, dumb or feeble-minded, for the 
instruction of whom no adequate provision has been made by the 
school district. 

The attendance officer shall have authority to excuse from school any child 
who is blind, deaf, dumb, or feeble-minded; provided, no adequate provision 
has been made by the school district for the instruction of such children. In 
cases of doubt, the attendance officer may require a certificate from a licensed 
physician or specialist. 

(d) Any child living more than two and one-half miles by direct 
and traveled road from the nearest public school supported for children 
of the same race and color of such child, and with no free transporta- 
tion provided. 

The fact that a child resides more than 2 1-2 miles from the school ot the 
district in which it lives but resides less than 2 1-2 miles from a public school 
in an adjoining district shall not operate to require the child's attendance 
upon any school except it be transferred to the school located not more than 
2 1-2 miles from the child's home. The fact that a child is transferred to a 
school in another district more than 2 1-2 miles from its residence will not 
operate to excuse it from compulsory school attendance if it lives within 2 1-2 
miles of the school in the district of its residence. 

(e) Any child more than twelve years of age who has satisfactorily 
completed the work of the fourth grade of a standard elementary school 
of seven grades, and whose services are needed in support of a parent 
or other person standing in parental relation to .the child, may, on 
presentation of proper evidence to the county superintendent of public 
instruction, be exempted from further attendance at school. 

A simple request on the part of the parent or guardian, or a verbal excuse 
on the part of the county superintendent, will not suffice to answer this re- 
quirement of the law. The person desiring exemption shall direct his appli- 
cation to the county superintendent, using the form prescribed by the State 
Department of Education, and setting forth the reason why the request for ex- 
emption from further attendance at school be granted. If granted, the county 
superintendent will issue to the petitioner a certificate of exemption, which 
certificate shall be subject to revocation at any time by the authority issuing 
it if it be found that the statement in the petition were incorrect or false, or 



Laws Eelating to Teachees and Pupils. .29 

if tlie child be found spending his time in idleness. Before giving any cer- 
tificate of exemption to any child imder this provision of the law, the county 
superintendent will thoroughly investigate any such case and determine to 
his satisfaction that the services of such child are actually needed in support 
of a parent or other person standing in parental relation to said child. li 
the census records of the county do not disclose the age of the child, the county 
superintendent may require an affidavit from the parent to the effect that 
the child is more than 12 years old. In determining whether or not the child 
has completed the work of the fourth grade, the county superintendent will 
ordinarily be governed by the records of the school where the child may have 
completed the grades. Promotions will be detarmined bj"^ the local teacher 
under the direction of the county superintendent and the rules and regula- 
tions prescribed by the county school trustees. The county superintendent 
shall make note on each such application his disposition of the case, and care- 
fully file such petition as a part of the records of his office to be preserved for 
at least one year. 

Sec. 54. Excuses for Absences.— Any child not exempted from the 
provisions of this Act may be excused for temporary absence due to 
personal sickness, sickness or death in the family, quarantine, severe 
storm which has destroyed bridges and made the regular means of 
travel dangerous, or for unusual causes acceptable to the teacher, prin- 
cipal or superintendent of the school in which said child enrolled ; 
provided that the excuses are in writing and signed by the parent or 
guardian of said child; but any case so excused may be investigated 
by the authorities discharging the duties of attendance officer for the 
school from which said child is so excused. 

The temporary absence of any child may be excused by the teacher, prin- 
cipal, or superintendent of the school upon the written request of the parent 
or guardian properly signed in his or her own handwriting, and setting forth 
one or more of the reasons specified in this provision. In each instance, the 
teacher shall write on the application the word "Approved" or "Rejected," 
as the case may be, together with the date of this action, and sign thereon 
his or her name. All such applications approved shall be carefully preserved 
and delivered during the day to the head teacher or principal of the school 
if there be more than one teacher in the school, who shall have authority to 
investigate promptly such applications for excuse if deemed advisable. Any 
application for excuse rejected by the teacher shall be reported immediately 
by her to the head teacher or principal of the school, if there be more than 
one teacher in the school, whose duty it shall be to investigate the merits of 
such application, and if the teacher is sustained in her action rejecting said 
application for excuse, then it shall be the duty of the head teacher or prin- 
cipal to report the matter to the superintendent of the school without delay, 
who shall in turn have authority to investigate the merits of the case. If 
the superintendent sustains the action of the teacher and principal in reject- 
ing the application for excuse, it shall be his duty to report the matter im- 
mediately to the attendance officer for attention. Rural teachers not in daily 
touch with the county superintendent will comply with this requirement of 
the law by placing in the United States mail any application for excuse re- 
jected by them on the day of its rejection. 

Sec. 55. The superintendents and principals of the various schools 
of said county shall, within five days from the date that the provisions 
of the compulsory attendance act applies to said school, report to said 
county superintendent the names of all children subject to the provisions 
of this Act who have not enrolled in said school, and it shall be the duty 
of the superintendent, principal or other official of private, denomi- 
national or parochial schools to furnish to said county superintendent 



30 State Dep.vetment of Education. 

a list of all children of scholastic age enrolled in the school presided 
over by said official and the district in which said child was enumerated 
in the public school census. 

Not later than the fifth day from the beginning of the compulsory attend- 
ance period in any school, the superintendent, principal, or teacher of any 
public school shall report to the county superintendent the names of all children 
subject to school attendance under this Act who have not enrolled in public 
school as shown by the teacher's register in comparison with the county super- 
intendent's roll of scholastics and transfers furnished said superintendent, 
principal, or head teacher. Likewise it shall be the duty of any private tutor, 
the superintendent, principal, or other official of private, denominational, or 
parochial schools to furnish to the county superintendent not later than the 
fifth day from the beginning of the compulsory attendance period a list of 
all children of scholastic age enrolled under their supervision and instruction. 
The county superintendent shall carefully recheck all such lists promptly and 
furnish to the attendance ofiicer a definite list of all children subject to com- 
pulsory school attendance who are not complying with the law, and it will 
be the duty of such attendance officer immediately to direct the parents or 
guardians of all such children to enter them in school without further delay 
and from day to day pursue the steps prescribed by law to compel such children 
to attend school regularly. 

Sec. 55a. It shall be the dnty of any teacher giving instruction to 
any child within compulsory attendance age to report promptly to the 
attendance officer or other person acting in his stead as herein provided, 
any unexcused absences, for his action. 

The administration of this provision of law is similar to that prescribed in 
Section 54 of this Act. It is intended primarily to require co-operation of pri- 
vate tutors, superintendents, principals, or other officials of private, denomina- 
tional or parochial schools in reporting promptly to the attendance officer un 
excused absences during the compulsory attendance period. In order to enforce 
eomijulsory school attendance uniformly and satisfactorily, it will be neces- 
sary for all teachers, both private and public, to report promptly to the at- 
tendance officer all unexcused absences, and the method of reporting should 
be in accordance with the directions given, in note under Section 54. 

Parents should be encouraged to report immediately the absence of their 
children from school, and give the reason therefor. Such action on their part 
would not only be regarded as a friendly attitude toward the school, but it 
would save time for the attendance officer and would serve to cultivate in the 
minds of the children a respect for the law. Any teacher failing to comply 
strictly with the provisions of this law would be subject to dismissal by the 
board of trustees, and would give sufficient cause for the cancellation of her 
certificate. This provision of the law makes it obligatory upon all private 
tutors, and all teachers in public, private, and parochial schools to report 
promptly any unexcused absence to the attendance officer. 

Sec. 56. Incorrigibility and Suspension. — Any child within the com- 
pulsory school attendance ages who shall be insubordinate, disorderly, 
vicious or immoral in conduct, or who persistently violates the reason- 
able rules and regulations of the school which he attends, or who other- 
wise persistently misbehaves therein so as to render himself an incor- 
rigible, shall be reported to the person exercising the duties of attend- 
ance officer of said school, who shall proceed against such child in the 
juvenile court as herein provided. If such child is found guilty upon 
a charge or charges made against him in said court, the judge of said 
court shall have the power to parole said child, after requiring the 
parent or other person standing in parental relation to execute a bond 
in the sum of not less than ten dollars, conditioned that said child 



Laws Eelating to Teachees and Pupils,. 31 

shal] attend school regularly and comply witii all the rules and' regu- 
lations of said school. If the superintendent or principal of any school 
shall report to the school attendance officer acting for said school that 
said child has violated the conditions of his parole, said attendance' 
officer shall proceed against such child before the judge of the Juvenile 
court, as in the first case herein mentioned, and if said child shall be 
found guilty of violating the conditions of said parole, the bond pro- 
vided for herein shall forthwith be declared forfeited, and shall be col- 
lected in the same manner as other forfeited bonds under the general 
laws of this State, and the proceed 3 of same paid into the available 
school fxind of the common school district or the independent school 
district, as the case may be; and the judge of said court shall have the 
power in his discretion, after a fair and impartial hearing given to said 
child, to parole said child again, requiring such bond as he may deem 
prudent, and require said child to again enter school. If said childi 
shall violate the conditions of the second parole and shall be convicted! 
of same, he shall be committed to a suitable training school as may be 
agreed upon by the parent of the child and the judge of the juvenile- 
court in which the child is convicted. [Acts 34th Leg., Chap. 49.] 

Any child who shall render himself' an incorrigible under this provision^ 
and be suspended from school by the teacher, shall be reported at once by 
his teacher to the attendance officer of said school, which officer shall imme- 
diately file charges against such child in the juvenile court and shall prose- 
cute the case to its completion. In disposing of the case, the judge of th^ 
court shall have power to parole said child after requiring the parent or guardian 
to execute a good and sufficient bond in a sum of not less than $10 to the effect 
that said child shall attend school regularly and comply with all the rule* 
and regulations of said school. If the superintendent, principal, or teacher 
report to the attendance officer that the child has violated the conditions 
of his parole, the bond for the child required in the first instance shall be de- 
clared forfeited, and shall be collected and paid into the available school fund' 
of the district in which the child resides, except the judge of the juvenile court 
shall decide to parole said child again, requiring such bond in excess of the 
amount specified in the first instance as he may deem prudent, and requiring' 
said child to re-enter school a second time. No child shall be paroled more 
than twice during any school year, and upon violation and conviction of a 
second parole, it shall be the duty of the judge of the juvenile court to commit 
the child to a suitable training school as may be agreed upon with the parent 
of the child. The judge of the juvenile court shall have the deciding voice in 
case that parent of the child and he are unable to agree upon a suitable training 
school. Under this provision of the law there can be no such thing as expulsion 
of a child of compulsory school attendance age. The teacher may suspend a 
pupil during the compulsory school attendance period, provided, as stated above, 
she reports the matter immediately to the attendance officer. The law says that 
the child of compulsory school age must go to school. If he will not conduct 
himself in accordance with the rules and regulations of the school as approved by 
the board of trustees, the judge of the juvenile court shall commit him to some' 
suitable training school. The law does not provide that the local school board 
shall defray any part of the expenses of said child when committed to a suitable 
training school or to the State Juvenile Training School. Pupils under the 
instruction of a private tutor or in attendance upon a private, parochial or 
denominational school shall be proceeded against for incorrigibility, truancy 
and suspension as if they were in attendance upon the public free schools* 

THE FLAG LAW. 

Sec. 57. That the dailj'' program of every school in this State shall 
be so formulated by teacher, principal, or superintendent as to include 



32 State Department of Education. 

at least ten minutes for the teaching of lessons of intelligent patriotism, 
including the needs of the State and Federal governments, the duty of 
the citizen to the State, and the obligation of the State to the citizen. 

Sec. 57a. That the board of school trustees of each and every com- 
mon, independent, or municipal school district be and is hereby re- 
quired to provide for a suitable United States flag and flagpole for 
each school building in the district, and the expense incurred in carry- 
ing out this provision of the law shall be paid out of the funds of the 
district. 

Sec. 57b. It shall be the duty of the State Superintendent of Public 
Instruction to issue to each county and city superintendent of public 
instruction in this State the necessary instructions as to the -enforce- 
ment of this law, and it shall be the duty of the county and city super- 
intendents of public instruction in every county in this State to see 
that the provisions of this law and the instructions of the State Super- 
intendent of Public Instruction relative to this law are carried out. 
The county superintendent of public instruction shall not approve for 
payment any vouchers drawn on the funds of the district until such 
district shall have complied with the provisions of this act; nor shall 
the president of any school board of any independent or municipal 
school district in this State approve vouchers for the payment of any 
account until the provisions of this law have been complied with in 
every particular. 

Sec. 57c. Any official or employe of the public free schools failing to 
perform his or her legal duty in connection with the administration of 
this law shall be deemed guilty of a misdemeanor, and shall be subject 
to a flne of not more than five hundred dollars or removal from office 
or both fine and removal from office. 

Sec. 57d. The fact that this nation is now at war with a foreign foe, 
and that the strength of a government of the people, by the people, and 
for the people must necessarily come of its citizenship, creates an emer- 
gency and an imperative public necessity that the constitutional rule 
requiring bills to be read on three several days be suspended and that 
this Act shall be in force from and after its passage, and it is so enacted 
[Acts of 35th Leg., 4th Called Session, Chap. 38.] 

EfEective March 20, 1918. 

KESOLUTIONS PASSED BY THE THIRTY-SIXTH LEGISLATURE. 

Sec. 58. Whereas, The Texas Flag Law places upon the State 
Superintendent of Public Instruction the responsibility of issuing to the 
schools instructions in regard to the details of the observance of the law ; 
and 

Whereas, Intelligent care of the flag is a part of the lesson of pa- 
triotism, since the flag is to the child the symbol of his love of his 
country; and 

Whereas, The Superintendent of Public Instruction is in hearty ac- 



Laws Eelating to Teacheks and Pupils. 33 

cord with the desire of certain members of the Legislature to preserve 
the flags now the property of the schools, and not to represent the 
patriotic feeling of our nation by tattered and discolored emblems on 
the schoolhouses of our State; therefore, be it 

Resolved, That it is the wish of the people of Texas, through their 
Eepresentatives in the Texas Legislature, that the State Superintend- 
ent of Public Instruction shall include, in instructions to city and 
county superintendents, provisions requiring the flag of each school- 
house to be kept within doors, to be displayed on the exterior of the 
building only in good weather, on suitable occasions, and at such regu- 
lar intervals as may be desirable, at the same time providing for such 
regular use of the flag in patriotic exercises as may inspire in the chil- 
dren of the State the proper reverence and enthusiasm for the Star 
Spangled Banner of the greatest republic in the world. 

CERTIFICATE LAW. 

Sec. 59. Teachers' certiflcates, authorizing the holders thereof to 
contract to teach in the public free schools of this State shall be of two 
kinds, as follows: (1) Temporary certiflcate; (2) permanent cer- 
tificate. 

Temporary certificates shall be of the following classes: (1) A 
second grade certificate; and (2) a first grade certificate. 

Permanent certificates shall be of the following classes : (1) A State 
pennanent certificate; (2) a State first grade permanent certificate; and 
(3) a State permanent primary certificate. 

Sec. 60. After October 1, 1920, an applicant for a second grade 
certificate shall be examined in spelling, reading, writing, arithmetic, 
English grammar, elementary physiology and hygiene with special refer- 
ence to narcotics, school management and methods of teaching Texas 
history. United States history, and, in addition, on any three of the fol- 
lowing subjects: Elementary agriculture, elementary composition, 
geography, drawing, and music. An applicant for a first grade cer- 
tificate shall be examined in the subjects prescribed for a second grade 
certificate, on any three of the optional subjects prescribed for a second 
grade certificate, and, in addition thereto, on civil government, higher 
English composition, elementary psychology applied to teaching, and on 
anj four of the following subjects : Algebra, physical geography, ancient 
history, modem history, elements of plane geometry, botany, American 
literature. 

In taking examination for a second grade certificate, no applicant 
shall be permitted at any one series of examinations to take examinations 
on more than twelve subjects, nine prescribed, and three optional, and 
in taking the additional examination for a first grade certificate, no 
applicant shall be permitted at any one series of examinations, to take 
examinations on more than seven subjects, three prescribed, and four 
optional, as set forth in the preceding paragraph. Second and first grade 
certificates shall be valid, unless canceled by lawful authority, until the 
fourth anniversary of the thirty-first day of August of the calendar year 
in which the examination was held, and to receive such certificates, ap- 
plicant shall make on examination on all subjects an average grade of 



34 State Department of Education. 

not less than seventy-five per cent and on each subject a grade of not 
less than fifty per cent; provided, that if the applicant makes a gen- 
eral average on all subjects of not less than eighty-five per cent, and on 
each subject a grade of not less than fifty per cent, a first grade cer- 
tificate shall be valid unless canceled by lawful authority until the sixth 
anriversary of the thirty-first day of August of the calendar year in 
which the examination was held. 

Sec. 61. After October 1, 1920, an applicant for a State permanent 
primary certificate shall be examined in the subjects prescribed for a 
second grade certificate, in any three of the optional subjects prescribed 
foi a second grade certificate, and, in addition thereto, the subjects of 
civil government, higher English composition. Methods of Teaching Ap- 
plied to the Elementary Branches, history of education, and any three 
of the following subjects: American literature, English literature, 
physical geography, English history, botany, and zoology. 

After October 1, 1920, the holder of a State permanent primary cer- 
tificate may build up to a State permanent certificate during the first 
six years of the validity of, said certificate, by taking examinations in 
any eight of the prescribed or optional subjects required for a perma- 
nent certificate, which were not included in the examinations on which 
the permanent primary certificate was secured; provided that a per- 
son holding a State permanent primary certificate secured by building 
on a State first grade certificate may build to a State permanent 
certificate by taking examinations in any four of the prescribed or op- 
tional subjects required for a State permanent certificate which were 
not included in the examinations on which the permanent primary cer- 
tificate was granted. 

After October 1, 1920, the holder of a State first grade certificate 
niay build to' a State permanent primary certificate by taking examina- 
tion in history of education, methods of teaching applied to the ele- 
mentary branches of study, and on any two of the following subjects: 
English literature, English history, physical geography, botany, and 
zoology. 

■ The applicant in building from a State first grade certificate to a State 
permanent primary certificate, shall take the examination in one or 
more of the additional subjects at the same examination. Any appli- 
cant for a permanent primary certificate, in order to receive such a cer- 
tificate, shall make a general average of eighty-five per cent on all the 
subjects and a grade of not less than fifty per cent on each subject. 

An applicant in building from a permanent primary to a State per- 
manent certificate, if this was obtained by building on a State second 
grade certificate, shall not be permitted at any one series of examina- 
tions, to take the examination in more than eight additional subjects; 
and if this was obtained by building on a State first grade certificate, 
shall not be permitted at any one series of examinations to take the 
examination on more than four additional subjects. 

After October 1, 1920, an applicant for a State permanent certificate 
shall be examined on the subjects prescribed for a second grade cer- 
tificate, on any three of the optional subjects prescribed for a second 
grade certificate, on the additional subjects prescribed for a first grade 



.Laws Eelating to Teachees and Pupils. 35 

certificate;, on any four of the optional subjects prescribed for a first 
grade certificate and, in addition thereto, on the history of education, 
methods of teaching as applied to the elementary branches of study, 
and on any six of the following subjects: English literature, chem- 
istry, solid geometry, physics, plane trigonometrj^, elementary double- 
entry bookkeeping, economics, biology, school administration, geology, 
child stud}^, advanced grammar. The applicant, in order to receive 
such certificate, shall make on all subjects an average grade of not less 
than eighty-five per cent and a grade of not less than fifty per cent on 
each subject. 

Sec. 62. A person holding a second grade certificate may build to a 
first grade certificate or to a permanent primary certificate during the 
validity of the said second grade certificate by taking the examination 
in the additional subjects and making the required grades, said person 
having the privilege of being examined in one or more subjects at any 
one examination in building on his second grade certificate. A per- 
manent record of his examination shall be made in the State Depart- 
ment of Education, and upon the surrender of the lower class certificate, 
the higher class certificate shall be issued. 

The holder of a first grade certificate may build to a State permanent 
primary certificate or to a State permanent certificate during the validity 
of the said first grade certificate by taking the examinations in the 
additional subjects, said person having the privilege of being examined 
in one or more subjects at any one examination in building on a first 
grade certificate. A permanent record of his examination shall be made 
in the State Department of Education, and upon the suriender of the 
first grade certificate, the State permanent certificate or State permanent 
primary certificate, as the case may be, shall be issued. 

The holder of a State permanent primary certificate may build to a 
State permanent certificate during the first six years of the validity of 
said State permanent primary certificate by taking the examination 
in the additional subjects, and making 4;he required grades, said per- 
son shall have the privilege of being examined in one or more of the 
subjects at any one examination in building on his State permanent 
primary certificate. A permanent record of his examination shall be 
made in the State Department of Education, and upon the surrender of 
the lower class certificate the higher class certificate shall be issued. 

Sec. 62a. The holder of a second grade certificate or of a permanent 
primary certificate shall be eligible to contract to teach only the ele- 
mentary grades of the public schools of Texas; that is, in the grades 
one to seven, inclusive. The holder of a State first grade certificate, or 
■ a State permanent certificate, shall be eligible to contract to teach in 
any public free school of Texas. 

Sec. 62b. A State permanent primary certificate or a State per- 
manent first grade certificate, or a State permanent certificate shall be 
valid during the life of the holder, unless canceled by lawful authority. 

Sec. 62c. An applicant for examination for any certificate may 
present, in lieu of an examination on any subject required for that cer- 



36 State Depaetment of Education. 

tificate, one year's credit in that subject taken in any university, normal 
colJege, or junior college, which is classed by the State Department of 
Education as a university, or junior college of the first class. In this 
event, the applicant must present an official statement of the grade on 
this subject given to him by the said university or college, which grade 
shall be counted, for his average, among the grades obtained by ex- 
amination. A course whicli has once been counted towards a State cer- 
tificate shall not again be counted for a State certificate. 

Sec. 62d. A person who for fifteen consecutive years or more has 
been the holder of a State first grade certificate, and who can furnish 
evidence of successful experience in teaching for fifteen or more con- 
secutive sessions of school, shall be entitled to receive a State permanent 
first grade certificate. Provided further, that a teacher who has taught 
successfully for five years on a first grade State certificate, if this cer- 
tincate has expired, may, on recommendation of the county school board 
and the county superintendent, have this first grade State certificate 
extended for a period of one year; provided that no extension of cer- 
tificates under provisions of this Act shall apply after the session of 
1921-1922. 

Sec. 63. Texas State Normal Diplomas and Certificates. — A teacher 
holding a diploma from a Texas State Normal College shall be entitled 
to receive from the State Department of Education a State permanent 
certificate, valid during good behavior. A teacher on completing the 
third year course of a State Normal College shall be entitled to receive 
a State first grade certificate entitling the holder to teach in the public 
schools of this State until the seventh anniversary of the thirty-first day 
of August of the calendar year in which the certificate was issued. A 
teacher on completing the second year course of a State Normal Col- 
lege shall be entitled to receive a State first grade certificate entitling 
the holder to teach in the public schools of this State until the sixth 
anniversary of the thirty-first day of August of the calendar year in 
which the certificate was issued. A teacher, on completing the first 
year course of a Texas State Normal College, shall be entitled to re- 
ceive a State second grade certificate entitling the holder to teach in the 
elementary schools of this State until the fourth anniversary of the 
thirty-first of August of the calendar year in which the certificate was 
issued. 

Sec. 64. A teacher's diploma conferred by the University of Texas 
upon a student who has satisfactorily completed at least four full courses 
in the school of education, one of which shall include a study of methods 
of teaching, accompanied by observation and practice in teaching under 
skilled supervision, and who has satisfied the requirements for a bachelor's 
degree, when presented to the ■ State Department of ^ Education, with 
satisfactory evidence of having done the required work in education, shall 
entitle the holder to receive a State permanent certificate, valid for life, 
unless canceled by lawful authority. 

A person who has satisfactorily completed four full courses in the 
college of arts and one full course in the department of education of the 



Laws Eelating to Teachees and Pupils. 37 

University of Texas or in any college or university, or in any junior col- 
lege, ranked as first-class by the State Superintendent of Public Instruc- 
tion, upon the recommendation of the State Board of Examiners, upon 
presentation of satisfactory evidence of having done the required work in 
edi cation, shall be entitled to receive from the State Department of Edu- 
cation a State first grade certificate valid until the second anniversary 
of the thirty-first day of August of the calendar year in which the cer- 
tificate is issued, unless canceled by lawful authority; provided that the 
four courses in the college of arts must cover three different subjects, one 
of which must be English; provided that the four courses in the college 
of arts may include any course which the college recognizes as one to be 
counted for its diploma. A second State first grade certificate, valid for 
two years, may be issued on five additional courses, provided that no 
course offered in the second application is identical in whole or in part 
with any one of the courses offered for the first certificate, and provided 
that an additional course in education be included among the .five courses, 
which must include three different subjects, in addition to the course in 
education. 

Any school applying for approval under the provisions of this Act 
shall pay a fee of twenty-five dollars, and each applicant for teacher's cer- 
tificate on college credentials shall pay a fee of one dollar to cover the 
expenses of inspection and standardization of approved colleges. 

It shall be the duty of the State Superintendent of. Public Instruction 
to appoint a suitable person or persons of recognized college standing, 
who shall make a thorough inspection of the equipment and standards of 
instruction maintained in each school applying for approval under this 
Act, and who shall make a detailed report to the State Board of Ex- 
aminers for their consideration. The State Board of Examiners shall 
make recommendations to the State Superintendent of Public Instruc- 
tion in regard to the classification of schools applying for approval under 
the provisions of this Act, and he shall give to them such rating as the 
standards of their work may justify. 

The State Superintendent shall have each school receiving the benefits 
of this Act thoroughly inspected from year to year as to its standards and 
facilities of instruction, and he shall have authority to suspend any school 
from the benefits of this Act which fails for any reason to maintain the 
approved standards of classification. 

Sec. 65. Certificates Issued on Worh Done in Any College or Univer- 
sity of First Class.^Anj person who holds a diploma conferring on him 
the degree of bachelor of arts, or any equivalent bachelor's degree, or any 
higher academic degree, from any college or university of the first class, 
and who has completed four full courses in education and pedagogy, one 
of which shall include a study of methods of teaching, accompanied by 
observation and practice in teaching under skilled supervision, may re- 
ceive from the State Superintendent of Public Instruction a permanent 
State certificate, which shall be valid anywhere in this State during good 
behavior; provided, that any person who holds a diploma conferring on 
him the degree of bachelor of arts, or any equivalent bachelor's degree, 
or any higher academic degree from any college or university of the first 
class, who has not had four full courses in education, but who furnishes 



38 State Depaetment of Education. 

evidence of three years'", aggregating not less than twenty-seven months, 
successful experience in teaching, may receive from the State Superin- 
tendent of Puhlic Instruction a permanent State certificate, which shall 
be valid anywhere in this State during good behavior. The State Board 
of Examiners shall on application of institutions to be recognized as col- 
leges or universities of the first class, make investigations as to the 
-courses of study and the standards of such institutions, and shall make 
(Fecommendations to the State Superintendent of Public Instruction, who 
shall give them such rating as the standards of their work may justify. 

Sec. G6. A city or town which has a scholastic population of 1000 
'Or more, and has become an independent school district, and which levies 
•a local tax for educational purposes or maintains a S3'stem of free schools 
for nine months in each year, and which has employed a superintendent 
■of city schools, may have a city board of examiners. Said board of ex- 
aminers shall in all cases consist of the city superintendent of the city 
■schools, together with two other persons who shall be appointed by him, 
•and who shall be teachers. The city board of examiners is hereby 
;authorized to issue certificates valid only in the city in which they are 
issued. Such certificates shall be temporary. 

Temporary city certificates shall be of three classes, as follows : Sec- 
ond grade, first grade, and high school. A temporary city certificate 
shall be good for two years, unless canceled by lawful authority, and a 
second city certificate shall not be issued to any person. The further 
regulation of the issuance of such certificate shall be provided for by the 
board of trustees of such cities and towns ; provided, that no city or town 
.■shall make the requirements for its temporary certificates inferior to the 
(requirements prescribed by law for county or State certificates of the 
.corresponding grades. N'othing in this chapter shall interfere with the 
>va.k!dity of outstanding certificates in such cities or towns. Cities and 
'towns authorized by the provisions of this chapter to have a city board of 
.examiners may, at the discretion of the superintendent of the city schools, 
^employ a teacher of any special branch not included in the requirements 
if or ,a State certificate without requiring an examination or a teacher's 
icertificate; and nothing in this chapter shall prevent the board of trus- 
itees of any city or town from recognizing the certificates issued in any 
■other such city or town in this State, and validating the same in the city 
or town so recognizing. 

A superintendent of schools in any city or town of this State shall be 
Tecjuired to be the holder of a State first grade or State permanent cer- 
tificate, and no school board may legally contract with any superintendent 
who lis not the holder of a State first grade or State permanent certificate. 

'Sec. 67. Certificates Issued on Work Done in the College of Indus- 
irial Art^. — Any person who has completed a four-year college course 
heading to a degree, and who has completed four full courses in educa- 
tion, one of which shall include a study of methods of teaching accom- 
panied by observation and practice in teaching under skilled supervision, 
■ on receiving a degi'ee from the College of Industrial Arts at Denton, 
■shall be entitled to receive from the State Department of Education a 
^penuanent certificate, valid during good behavior. Any person who has 



Laws Relating to Teachers and Pupils. 39 

completed a regular course leading to graduation in the College of In- 
dustrial Arts at Denton, and who has completed two full courses in edu- 
cation, may on furnishing satisfactory evidence of having done the re- 
quired work, receive from the State Department of Education a State 
first grade certificate valid until the sixth anniversary of the thirty-first 
day of August of the calendar year in which the certificate was issued, 
unless canceled by lawful authority; provided, that when the holder of 
said first grade certificate has taught successfiilly in the public schools of 
Texas for a period of three years, and has furnished satisfactory evidence 
thereof to the State Department of Education, she may receive upon the 
surrender of the said first grade certificate, a State permanent certificate 
valid for life, unless canceled by lawful authority. 

Sec. 68. Certificates Issued on Diplomas from Institutions in Other 
States or on Certificates from Other States. — The holders of diplomas or 
certificates from other States, who desire certificates valid in Texas, shall 
present such diplomas or certificates to the State Superintendent, who 
shall require the State Board of Examiners to make investigations as to 
tho value of such diplomas or certificates as measured by the standards for 
eertificates in this State; and the State Superintendent of Public In- 
struction shall have the power to issue to the holder of a diploma or cer- 
tificate from another State such Texas certificate as, in his judgment, the 
holder is entitled to receive, when the value of his diploma or certificate 
is estimated by the standards required for Texas certificates; provided 
that no certificate may be issued, if the said diploma or certificate is not 
estimated to equal the lowest State certificate issued in Texas. 

Sec. 69. There shall be in each organized county in this State a 
county board of examiners composed of two persons to be appointed by 
the county superintendent or the ex-officio county superintendent. A 
person to be eligible to appointment on the county board of examiners 
must be the holder of a teachers' first grade State certificate or a State 
certificate of higher grade. The members of the county board of ex- 
aminers shall serve during the pleasure of the county superintendent 
and shall meet at the call of the county superintendent. The State Su- 
perintendent may for cause, approved by the State Board of Education, 
require the county superintendent to dismiss appointees from the county 
board of examiners. In such cases the vacancy must be filled by an 
appointee approved by the State Board of Education. The county super- 
intendent shall promptly forward to the State Superintendent, to be sub- 
mitted to the State Board of Examiners, the examination papers of ap- 
plicants for certificates, together with the reports of the county board 
of examiners on a prescribed form furnished by the State Department of 
Education, with a fee paid to him by each of the applicants. 

The passage of this law shall not be construed to prohibit the county 
board of examiners from issuing county second grade certificates, pro- 
vided the examination shall meet the requirements for second grade cer- 
tificates. After August 31, 1920, no county certificate shall be granted 
for a term longer than one year. A county certificate may be extended 
one year, provided the applicant produces evidence of having taken 
eight weeks' professional training at a State Normal College or at any 



40 State Department of Education. 

scliool recognized by the State Depai'tment of Education as a first class 
university or junior college. Such applicant must have made a passing 
gi'ade on at least three of the subjects studied. 

The State Board of Examiners shall, at their next meeting, after the 
receipt of said papers and reports, together with the fees, examine the 
papers and shall make a report to tlie State Superintendent recommend- 
ing that certificates be issued, or be not issued, according to the grades 
made. 

The county board of examiners of each county shall hold an examina- 
tion, if there be applicants, on the first Friday and Saturday following in 
the months of April, June, July, September and December of each year, 
and the State Superintendent of Public Instruction may authorize such 
other examinations as may be necessary to secure an adequate force of 
certified teachers. Said board of examiners shall use the questions pre- 
scribed by the State Department of Education, and shall conduct the 
examination in accordance with the rules and regulations prescribed by 
tht State Department of Education and the county superintendent of 
public instruction. 

To each applicant who has made the required grades the State Super- 
intendent shall forward the report, together with the certificate recom- 
mended by the State Board of Examiners; and to each applicant who 
has failed to make the required grades, the State Superintendent shall 
forward the report of the State Board of Examiners without a certificate. 

Sec. 70. The county superintendent shall keep a record of all cer- 
tificates held by persons teaching in the public free schools of the com- 
mon school districts and of the independent school districts of his county. 
Any person who desires to teach in a public free school of a common 
school district shall present his certificate for record before the approval 
of his contract. Any person who desires to teach in the public schools 
of an independent school district shall present his certificate to the 
county superintendent for record before his contract with the board of 
trustees of the independent school district shall become valid. A teacher 
or superintendent who does not hold a valid certificate shall not be paid 
for teaching or work done before the granting of a valid certificate, ex- 
cept for teaching in such branches as are exempted under the terms of 
thi? Act; and any person responsible for paying, from the public school 
funds, any such teacher or superintendent, shall be deemed guilty of a 
misdemeanor and shall upon conviction be fined, for each offense, in 
any sum of not less than one hundred dollars, and not more than five 
hundred dollars. 

Sec. 71. No certificate shall be granted to a person under sixteen 
3'earp of age. After August 31, 1920, no certificate shall be granted to a 
pors^on under seventeen years of age; and after August 31, 1921, no 
certificate shall be granted to a person under eighteen years of age. 

Se(\ 72. Any person or persons who shall sell, barter, or give away, 
prier to any forthcoming examination to applicants for teachers' cer- 
tificates, or to any other person, the questions prepared by the State 
Superintendent of Public Instruction, to be used by the county, summer 



Laws Relating to Teacheks and Pupils. . 41 

normal, or any board of examiners in the examination of teaciiers at 
said forthcoming examination, or any person who shall accept or other- 
wise obtain possession of such questions, or the answers thereto, prior to 
any such examination; or any person or persons who shall use the same 
fraudulently at the time of said examination or thereafter ; or any person 
who shall permit or aid in substitution of examination papers fraudu- 
lently prepared, to be substituted for examination papers prepared dur- 
ing the examination; or any person who accepts remuneration for the 
grrnting of certificates or for aiding others to obtain certificates, except 
as provided by law, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof, shall be fined in any sum not less than one hundred 
and not more than five hundred dollars and, in addition thereto, shall be 
imprisoned in the county jail for any number of days, not less than 
twenty and not more than sixty. , 

Sec. 73. Nothing in this Act shall be construed to impair the validity 
of outstanding city, county, ox State certificates. Cities and towns may. 
at the discretion of the superintendent, employ a teacher of any special 
bri.nch not included in the requirements for a State certificate, without 
requiring a teachers' certificate. [Acts of 36th Leg., 3rd Called Session. 
Chap. 61.] 

COURSE OF STUDY. | 

REQUIRING TEACHERS IN PUBLIC SCHOOLS TO CONDUCT SCHOOL WORK IN 
ENGLISH LANGUAGE EXCLUSIVELY. 

Sec. 74. Every teacher, principal, and superintendent employed in 
the public free schools of this State shall i.se the English language ex- 
clusively in the conduct of the work of the schools, and all recitatione 
and exercises of the school shall be conducted in the English language, 
and the trustees shall not prescribe any text books for elementary grades 
not printed in the English language; provided, that this provision shall 
not prevent the teaching of Latin, Greek, French, German, Spanish. 
Bohemian, or other language as a branch of study in the high school 
grades as outlined in the State course of study. 

Sec. 75. Atij teacher, principal, superintendent, trustee or other 
school official having responsibility in the conduct of the work of the 
school, and failing to comply with this provision of the law shall be 
deemed gnilty of a misdemeanor and upon conviction thereof in proper 
court shall be subject to fine of not less than twenty-five ($25) dollars 
and not more than one hundred ($100) dollars, cancellation of cer- 
tificate, or removal from ofiice, as the case may be, or both fine and can- 
cellation of certificate, or fine and removal from office. Each day shall 
be regarded as a separate offense, and it shall be the duty of the trustee, 
city or county superintendent, or ex-officio superintendent -to inspect the 
schools regularly with regard to the enforcement of this Act and file 
charges promptly in the court in all cases of violation. 

Sec. 76. All laws and parts of laws in conflict herewith are hereby 
repealed and should any part of this law be declared unconstitutional by 
thj courts, that fact shall not impair other parts of the law. [Acts of 
35th Leg., 4th Called Session, Chap. 80.] 



42 > State Depaetment of Education. 

Sec. 77. Prescribed Studies. — All public schools in this State shall 
be required to have taught in them ortliography, reading in English, 
penmanship, arithmetic, English grammar, modern geogi'aphy, compo- 
sition, physiology and hygiene, including the effects of alcoholic stimu- 
lants and narcotics on the human system, mental arithmetic, Texas 
history, United States histor}?-, civil government, elementary agriculture, 
cotton grading and other branches as may be agreed upon b}^ the 
trustees or directed by the State Superintendent of Public Instruction ; 
provided^ that the subject of elementary agriculture shall not be required 
to be taught in independent school districts having a scholastic popula- 
tion of three hundred or more, unless so ordered by the school boards; 
provided, further, that suitable instruction shall be given in the primary 
grades once each week regarding kindness to animals of the brute 
creation and the protection of birds and their nests and eggs; provided, 
further, that in the meaning of this Act elementary agriculture shall in- 
clude with the present adopted text certain practical field studies and 
laboratory experiments as prescribed by the county school trustees in 
conformity to law and the requirements of the State Superintendent of 
Public Instruction ; provided, further, that each summer normal insti- 
tiaie and each county teachers' institute shall employ at least one in- 
structor, who shall be selected because of his special preparation to give 
instruction in the subject of agriculture. [Sec. 100, Chap. 124, Acts 
of 29th Leg., as amended by Chap. 169, Acts of 30th Leg., and Chap. 
83, Acts of 34th Leg.] 

Sec. 78. That on and after the third day of September, 1917, the 
history of Texas shall be taught in all public schools of this State, which 
history shall be taught in the history course of all public schools in this 
State, and in this course only. 

The said history course shall be not less than two hours in any one 
week and as much more time as the State Superintendent of Public 
Instruction, in his discretion, thinks is necessary. The State Superin- 
tendent of Public Instruction shall, within ten days after this Act goes 
into effect, notify the different county and city school superintendents 
as to how said history course shall be divided. [Acts 35th Leg., Cftap. 
112.] 

AX ACT FIXING SALARY AND EXPENSE OF THE OFFICE OF COUNTY 
SUPERINTENDENT. 

Sec. 79. That Article 2758, Chapter 12, Title 48, of the Revised 
Civil Statutes of the State of Texas, 1911, as amended by Chapter 41, 
of the General Laws of the State of Texas, passed by the Fourth Called 
Session of the Thirty-fifth Legislature, be so amended as hereafter to 
re°d as follows : 

That the county superintendents of public instruction herein provided 
for shall receive from the available school fund of their respective coun- 
ties annual salaries as follows : 

In every county that has a scholastic population of 3000 or less in 
which the office of county superintendent has been created or may be 
crea-ted after this Act shall have gone into effect, the county snperin- 



Laws Eelating to Teachees and Pupils. 43 

tendent shall receive an annual salary of sixteen hundred ($1600) dol- 
lars 

In every county that has a scholastic population of more than 3000 
or less than 4000^ the county superintendent shall receive an annual 
salary of eighteen hundred ($1800) dollars. 

In every county that has a scholastic population of more than -1000 
and less than 5000^ the county superintendent shall receive an annual 
salary of nineteen hundred ($1900) dollars. 

In every county that has a scholastic population of more than 5000 
and less than 6000, the county superintendent shall receive an annual 
salary of two thousand ($2000) dollars. 

In every county that has a scholastic population of more than 6000 
and less than 7000, the comity superintendent shall receive an annual 
salary of twenty-two hundred ($2200) dollars. 

In every county that has a scholastic population of more than 7000 
and less than 8000, the county superintendent shall receive an annual 
salary of twenty-four hundred ($2400) dollars. 

In every county that has a scholastic population of more than 8000 
anu less than 9000, the county superintendent shall receive an annual 
salary of twentj'-five hundred ($2500) dollars. 

In every county that has a scholastic population of more than 9000 
and less than 10,000, the county superintendent shall receive an annual 
salary of twenty-six hundred ($2600) dollars. 

In all counties that have a scholastic population of 10,000 or more, 
the county superintendent shall receive an annual salary of twenty-eight 
hundred ($2800) dollars; provided, that in making the annual per 
capita apportionment to the schools, the county school trustees shall 
also make an annual allowance out of the State and county available 
funds for salary and expenses of the office of the county superintendent 
of public instruction, and the same shall be pro rated to the schools 
coming under the supervision of the county school- superintendent. The 
compensation herein provided for shall be paid monthly upon the order 
of the county school trustees; provided, that the salary for the month 
of September shall not be paid until the county superintendent presents 
a receipt from the State Superintendent of Public Instruction showing 
that he has made all reports required of him. 

The county board of trustees may make such further provisions as 
it deems necessary for office and traveling expenses for the county super- 
intendent of public instruction and any assistant he may have ; provided, 
that expenditures for office and traveling expenses shall not exceed three 
hundred ($300) dollars; and the county board of trustees may make 
provision for the employment of a competent assistant for the county 
superintendent of public instruction, who shall, in addition to his duties, 
act as attendance officer; and said board are hereby authorized to fix the 
salary of such assistant and pay the same out of the same funds from 
which the salary and expenses of the county superintendent are paid. 

Sec. 80. Article 2765. In a county where the county judge acts 
as superintendent of public instruction, he shall receive for his services 
as superintendent such salary as may be provided by the commissioners 
court, not to exceed the sum of nine hundred ($900) dollars per annum. 
[Acts of 36th Leg.. 3rd Called Session, Chap. 57.] 



BULLETINS OF THE STATE DEPARTMENT OF EDUCATION. 



Bulletin 
Bulletin 
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43. 
45. 

47. 


Bulletin 


60, 


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65, 
68, 


Bulletin 
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69, 

70, 
71, 

75, 


Bulletin 


76, 



Bulletin 77. 

Bulletin 81. 

Bulletin 82. 

Bulletin 83. 

Bulletin 84. 

Bulletin 85. 

Bulletin 87. 

Bulletin 91. 



Bulletin 98. 
Bulletin 99. 
Bulletin 101. 

Bulletin 102. 

Bulletin 104. 
Bulletin 105. 
Bulletin 106. 
Bulletin 107. 
Bulletin 108. 
Bulletin 109. 
Bulletin 110. 



Bulletin 111. 
Bulletin 112. 
Bulletin 113. 
Bulletin 114. 
Bulletin 115. 
Bulletin IW- 
Bulletin 117. 
Bulletin 118. 
Bulletin 119. 
Bulletin 120. 
Bulletin 121. 



NOM' AVAItcABLE FOB FKEE DISTBIBXJTION 
1915 

The Certification of Teacliers in Texas 

The Rural School Law 

Forms and Directions, Independent School Districts 

1916 

School Records and Reports 
1917 

School Grounds, School Buildings, and Their Equipment 
Federal Aid for . Vocational Agriculture for Texas under the 

Smith-Hughes Law 
Statistical Tables Texas Public Schools 
School Laws of Texas 
Fifteen Lessons in Food Conservation 
Federal Aid for Vocational Home Economics in Texas under the 

Smith-Hughes Law 
Federal Aid for Vocational Industrial Education in Texas under 

the Smith-Hughes Law 

1918 

Texas High Schools, Classification and Affiliation and College 

Entrance Requirements 
Texas High Schools : Latin 

Modern Languages 

English 

Mathematics 

Science 

Laboratory Equipment 

Library Equipment 

1919 



Texas High Schools : 
Texas High Schools : 
Texas High Schools : 
Texas High Schools : 
Texas High Schools : 
Texas High Schools : 



Free Text-Book Law 

Some Recent Legislation 

Texas High Schools — Directory of Classified and Affiliated High 

Schools 
School Legislation of the Second Called Session Thirty-sixth 

Legislature 
State Aid Schools (Equipment) 
State Course of Study (Elementary Grades)' 
Laboratory Exercises in Annual Production 

Laboratory Exercises in Plant Production - 

A Year's Work in Vocational Agriculture 
Girls' Clothing Contest 
Public School Bulletin 

1920 

How to Handle School Funds of Independent Districta 

How to Handle School Funds of County 

Texas High Schools — Directory of Teachers 

Syllabus of Home Economics for High Schools 

Physiology, Hygiene and Sanitation 

Commercial Bulletin 

Examinations and Certificates 

Summer Normal Outline 

Music Bulletin 

Rural Schools — Librarie« 

Project Study Outlines 



LIBRARY OF CONGRESS 



019 748 493 7 






mm. 



i,,a:.)..Ajr.^ 

i 



